A lei complementar nº 101/2000 e o controle de despesas com pessoal: uma análise à luz da ADI 2.238-5/DF

Abstract

The Fiscal Responsibility Law aimed to consolidate the regime of responsible fiscal management with the implementation of legal measures that determine the performance of the Public Administration, but some of its articles had their constitutionality challenged, resulting in eight actions before the Supreme Court. The present work deals with the provisions related to personnel costs that were the object of Direct Unconstitutionality Action no. 2.238-5/DF, with emphasis on paragraphs 1 and 2 of article 23, which provides for the possibility of reducing the salaries of public servants. The constitutionality of the provisions was analyzed based on the doctrine and arguments used in the lawsuit, presenting arguments for and against the constitutionality of the articles, as well as the possible consequences of the Supreme Court's decision. Given the financial crisis faced by the federal entities and aggravated by the COVID-19 Pandemic, it became even more important to analyze the possibilities brought by the fiscal responsibility law to reduce personnel costs. In the elaboration process of this work, of qualitative nature, the methodologies used were bibliographic research and documentary research, through consultation of books, scientific articles, and dissertations. The conclusion was that the Fiscal Responsibility Law is essential to the financial balance of state activity, but that its provisions relating to the limits on total personnel expenditure should be understood per the current constitutional rules and principles.