O direito à recontratação de professor substituto diante da limitação imposta pelo art. 9º, III, da lei nº 8.745/1993 no âmbito da Universidade Federal do Rio Grande do Norte
Until February this year, the rehiring of a substitute professor within the scope of the Federal Public Administration had been prohibited, under the terms of art. 9, III, of Law nº 8.745 / 93. At the Federal University of Rio Grande do Norte, this possibility of rehiring existed from 2010 to 2017,...
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| Formato: | postGraduateThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/44163 |
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| Resumo: | Until February this year, the rehiring of a substitute professor within the scope of the Federal Public Administration had been prohibited, under the terms of art. 9, III, of Law nº 8.745 / 93. At the Federal University of Rio Grande do Norte, this possibility of rehiring existed from 2010 to 2017, by order of the Federal Court of Rio Grande do Norte, which considered such a provision unconstitutional. However, in 2017 there was a decision by the Supreme Federal Court recognizing the constitutionality of the provision, and rehiring is again prohibited, before twenty-four months after the previous contract. In view of this and the realization of selective processes without hiring the approved candidates for requiring the quarantine provided for in the law, there was a need to study the subject in more detail to try to understand if this impediment was, in fact, in accordance with the constitutional principles, as well as to understand whether the administrative acts emanating from the Federal University of Rio Grande do Norte are in line with the legal system or if there is a tendency to be reformed by the Judiciary. For that, bibliographic research was used as methodology, including doctrinal works, scientific articles, dissertations, as well as the national legislation. In order to achieve the objective of this monograph, it was necessary to study the evolution of the temporary employee institute, the assumptions for hiring, to analyze provisions of Law no. 8745/93 about hiring and prohibiting rehiring, from the perspective of constitutional principles, as well as analyzing the decision of the Supreme Federal Court and verifying the implications of this impediment within the scope of the University. It is concluded that the legal impediment is not consistent with the constitutional principles and administrative acts of the Federal University of Rio Grande do Norte regarding the rehiring of a substitute professor were not in line with the national legal system, since, for some time, they were reformed by the Judiciary. Currently, with the edition of Provisional Measure nº. 922, of February 28, 2020, the legal impediment ceased to exist, and there may be rehiring, as long as preceded by a selection process. |
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