The special commission that analyzes the changes in the public service approved on Thursday (23) the basic text of the administrative reform.
Presented by the Jair Bolsonaro government to tighten the civil service rules, the proposal ended up maintaining stability forecast for all employees, although with the possibility of dismissal for insufficient performance, and with a provision that stipulates a salary cut of up to 25% in case of fiscal crisis.
The base text was approved by 28 votes to 18. Deputies still need to vote on suggestions for changes to the proposal.
At the end of this stage, the PEC (Proposed Amendment to the Constitution) goes to the plenary of the Chamber of Deputies, where it needs the minimum support of 308 of the 513 deputies, voting in two rounds, to be approved. If it passes, the text will go to the Senate. There, the votes of 49 of the 81 congressmen are needed, also in two-round voting.
To ward off any risk of defeat, parties at the base of the government exchanged committee members and replaced them with deputies in favor of the reform.
Initially, the collegiate was composed of 34 members. The number was increased to 47 throughout the activities, according to President Fernando Monteiro (PP-PE).
With a bench of eight deputies, Novo, the defender of changes in the public service, managed to place four members among the members of the collegiate body and three among the substitutes.
The PL also changed members and placed on the commission, for example, deputy Giovani Cherini (RS), a well-known defender of the government.
The change had an effect. On Wednesday night (22), a request to withdraw from the agenda received 22 votes against and 19 in favor. This Thursday, the score was much broader: 31 votes against and 15 in favour.
Two deputies changed their vote in relation to the previous day: Valtenir Pereira (MDB-MT) and Gastão Vieira (PROS-MA). Before in favor of removing the PEC from the agenda, they voted against the possibility on Thursday.
The rapporteur, Arthur Maia (DEM-BA), promoted a series of changes in relation to the text approved by the CCJ (Committee on Constitution and Justice). He withdrew two types of bonds provided for in the original PEC: the one for an indefinite period and the one of experience as a stage of public tender.
Maia, in his opinion, defined that all civil servants will have the right to tenure after completing three years of probationary internship.
New entrants may lose their position if they have insufficient performance evaluation, in an analysis that will be carried out on a digital platform and will include the participation of the public service user.
According to the text, with two consecutive unsatisfactory evaluations or three interspersed, within a period of five years, there will be a need to determine the responsibility of the server for its performance.
The opinion indicates that these periods “ensure the verification of the failure of corrective measures that must be implemented after a first negative result”.
A server with a poor rating may have its performance re-evaluated by a reviewer instance. There is also the possibility of reinstatement if a court decision invalidates the loss of office, even if there is no vacancy.
The PEC also provides for the loss of position if the position is terminated because it has become unnecessary or obsolete. This server will be entitled to compensation of one month’s salary for each year of service.
If a position is created with attributions identical or similar to those of the position extinguished within five years from the loss of the position, the civil servant may be reinstated, even if there is no vacancy.
The rapporteur established a temporary reduction in working hours of up to 25%, with a corresponding cut in remuneration. This, however, can only happen in the event of a fiscal crisis, “as an alternative to adopting a more drastic one, the dismissal of permanent employees”.
Initially, with the articulation of the president of the Chamber, Arthur Lira (PP-AL), Maia had agreed to withdraw an article seen by left-wing parties as a possibility of privatizing public services.
The provision provides that the Union, states and municipalities could, “in accordance with the law, sign instruments of cooperation with agencies and entities, public and private, for the execution of public services, including the sharing of physical structure and the use of human resources private individuals, with or without financial compensation”.
In the opposition’s assessment, the article allows the sharing of government personnel and physical structure with the private sector without a counterpart defined by law. The text prevents this from being done with activities that are exclusive to state-only positions.
“The 37-A allows the outsourcing of all public services not covered by the stability of the servers. Ninety percent can be outsourced. It will end the public service”, criticizes Deputy Fábio Trad (PSD-MS).
A disagreement between the opposition and the rapporteur during the commission on Wednesday night, however, prompted Maia to return the article to his opinion.
In addition, the deputy went back and again extended to ten years the maximum period of validity of temporary contracts — in the previous version, it was six years.
The selection process will be impersonal and simplified, and a new contract cannot be signed with the same contractor in less than two years from the end of the previous contract.
If the temporary hiring seeks to meet needs arising from a calamity, health-related emergency or public safety or from the interruption of essential activities, it will not be necessary to carry out a selection process. In this case, the contract will have a maximum term of two years.
To cater to the center-right parties, Maia expanded the scope of those affected by privilege cuts.
Now, the limitations cover occupants of positions, jobs or public functions of the direct and indirect public administration, within the scope of any of the Powers of the Union, states and municipalities, as well as occupants of elective positions and members of courts and councils of bills.
They may not take vacations for a period exceeding 30 days in a year, they will be prohibited from having additional benefits for length of service, increase in remuneration or indemnity installments with retroactive effects, leave on vacation and compulsory retirement as a form of punishment.
They will also not be entitled to progression or promotion based exclusively on length of service and indemnity installments without foreseeing the requirements and calculation criteria defined by law.
The text says that employees of the direct public administration, autarchic and foundational, public companies, mixed capital companies and their subsidiaries will have their employment automatically terminated and will be compulsorily retired upon completing 75 years of age.
Maia gave in to pressure from public security professionals and, in the PEC, identified among the careers that should be considered typical of the State the federal, civil and criminal police officers, official experts in charge of the execution of criminal expertise, legislative police, municipal guards, law enforcement agents. traffic and socio-educational agents.
Typical careers of the State are also considered those that directly carry out final activities aimed at maintaining the tax and financial order, regulation, inspection, government management, budget preparation, control, State intelligence, the Brazilian foreign service, the public advocacy, public defenders and the institutional performance of the Legislative Power, the Judiciary Power, including those exercised by Justice officials, and the Public Prosecutor’s Office.
The text says that servers whose attributions are complementary or supportive cannot be considered typical of the State.
Maia included in his opinion two provisions that give the Union the power to issue provisional measures that deal with the creation and extinction of public positions, public competition, selection criteria, career structuring, remuneration policy, granting of benefits and performance management.
He will also be able to send MPs on temporary hiring, which, in the opinion of the opposition, would give room to expand this type of contracts.
Maia also changed an understanding to allow a prominent presentation in the plenary to include other Powers in the reform.
Last week, he used a note from the board of directors that considered the inclusion of other Powers to be unconstitutional to make the presentation of highlights to expand the effect of the reform inadmissible.
Now, according to the agreement, it will be possible to present them in the plenary — DEM and PSDB have already indicated that they intend to include the Judiciary and the Public Ministry in the text. The measure has the support of Cidadania and Novo, for example. On Thursday, the rapporteur stated that, in plenary, he will vote in favor of the inclusion of the Judiciary in the reform. “My vote will always be for the inclusion of everyone,” he said.
At the meeting, Maia also defended that the text approved on Thursday was a construction of the Legislative, and not the government’s project. “We have advanced in keeping all the rights of public servants,” he said. “Entitlement expectations have all been preserved. All. This PEC does not reach any active servers today.”