Do concurso público: a delimitação do conceito da atividade jurídica em face da carreira da advocacia pública

Abstract

It is known that, with the promulgation of the Federal Constitution of 1988, the investiture in public positions and jobs is obtained, in general, through the submission of the imminent agent to the screening of the public tender, as well as the fulfillment of certain requirements, be they of general, or specific and restrictive, depending on the nature and complexity of the desired position. Accordingly, for the eventual assumption of certain positions in the so-called legal careers, proof of minimum experience of legal activity is required as an essential requirement. The present work of conclusion of the course, therefore, has by primary teleology to serve as a support for the study about the parameters of the delimitation of the forensic practice usually required in public tenders for legal careers, especially those that refer to Public Advocacy. To this end, as a logical developmental sequence, the present analysis goes beyond the most elementary dictates about the public tender, also encompassing the discussion as to what comes to be called “legal activity”. In addition, the assumptions of public advocacy as an essential function of justice are investigated. Finally, based on the public tender paradigm of the Municipal Attorney of Vitória / ES (2020 notice), the constitutional feasibility of restrictive requirements for the exercise of 3 (three) years of legal activity in the exclusive scope of law as a matter of law is studied. basic requirement for investiture in the position of Municipal Attorney.