Lei geral de concursos públicos: análise do Projeto de Lei nº 252/2003 e suas implicações nos concursos públicos para o magistério federal da Universidade Federal do Rio Grande do Norte

Abstract

The present study analyzes the Bill nº. 252/2003, according to the replacement text presented in 10/9/2013 by the Committee on Constitution and Justice and Citizenship of the Chamber of Deputies, which proposes to regulate the general rules of civil service examinations of tests, or tests and professional qualifications evaluation under the Direct and Indirect Administration of the Union, in accordance with article 37, II, of the 1988 Federal Constitution, and its implications in competitions for entry into effective position in the career of Federal Magisterium (Magisterium Higher and Basic Education, Technical and Technological) conducted by the Universidade Federal do Rio Grande do Norte - UFRN. The lack of specific and detailed regulations of this institute creates legal uncertainty and delegates to the Judiciary the normative role. In this sense, the Bill Project nº. 252/2003 aims to clarify the legal relations and investiture procedures in the public service through public examinations. We seek with this study to present an intervention proposal, having as a product a draft of a new normative, aimed at improving and updating the current internal regulations on the matter, namely, Normative Resolution nº 108/2013-CONSEPE, July 2, 2013, making them more transparent and cohesive with the constitutional principles and the prevailing jurisprudence. Therefore, the research uses the deductive - inductive approach, making use of historical and comparative procedures for systematic and teleological analysis of public examinations, specifically geared to the provision in the effective charge of the federal teaching, applying jurimetrics as criteria for evaluating the adequacy of the proposal, given the nature of the object under study.