Estado empresarial e reforma gerencial: uma análise da precarização vertical e horizontal das relações de trabalho na Administração Pública brasileira

Abstract

Brazil has suffered several changes in its form of State organization resulting from economic and political crises, which has led to administrative reforms ranging from the attempt to implement the Weberian bureaucracy, to overcome patrimonialism, until the new public management reform of the 1990s. Under the "efficiency" argument, this reform sought fiscal balance and institutional change, as well as establishing a Business State through the use of private initiative mechanisms to manage public questions. Due to the special focus on reducing expenses, the new public management has brought the precariousness of labor relations in Public Administration. This precariousness took place vertically, based on rights and guarantees reductions of public servants, promoted by Constitutional Amendment nº 19/1988 especially regarding the "tripod" that sustains impersonal and independent work, with the temporally permission of a legal regime duality, flexibility of stability and remunerated availability, and labor and social security rights reductions. The reform also resulted in the expansion of outsourcing through "publicity", with the transfer of non-exclusive public services to third sector entities, especially social organizations, which hire private sector workers to perform public functions. This is the horizontal precariousness, since these workers have a lower legal regime (the private regime), do not make civil service examinations and the State has no contractual responsibility over them. Even with these effects, "publicity" continues to occur in most federations entities. Recently, the Municipality of Maceió transferred the management of two Health Units to social organizations, generating the same pernicious impacts of this form of management for its employees. The research was developed through the legal method, based on the observational approach, the descriptive method, the documentary research, using the technique of indirect documentation and bibliographic research. It is considered that new public management contributed to the precariousness of labor relations in the Public Administration, through the reduction of constitutional rights and guarantees of public servants, and because of their gradual replacement by workers hired by social organizations and other third sector entities promoted by the outsourcing of the main state activity.