Contratação temporária: análise dos requisitos e das repercussões jurídicas à luz da Constituição Federal de 1988

Abstract

When hiring human resources within the public sphere, the rule is that such admissions must be carried out through a public tender, which is a way of meeting equality in hiring, as well as seeking efficiency in the public service. However, the national order provided for situations that admit the hiring of personnel through a simplified procedure, which are known as temporary contracts. Based on this scenario, the study's general objective is to analyze the requirements and legal repercussions of temporary hiring in the light of the Federal Constitution of 1988. To this end, guiding the development of the theme, the research will be guided by the following problem: distortion of temporary contracts in order to guarantee interests of a private nature? As a methodology, the present research will be developed from the descriptive method, whose function is to describe the main characteristics of a certain phenomenon, proceeding, later, with the funneling of the question, starting from an analysis of the public service in favor of the collective interest, for the distortion of this from temporary contracts without observance of constitutional principles. As for the data collection procedure, the work chose to carry out a bibliographic survey that covers significant material already published on the subject, involving books, journals and scientific articles, academic theses, selecting those published in Portuguese and Spanish, available in the database. from Google Scholar. In conclusion, the work alludes to the fact that, although temporary contracts were created for emergency care, at present, administrators are using this to corrupt the figure of the public tender, and there must be a caution with regard to the eventual approval of the Administrative Reform, which, in a way, aims to dismantle the public service.