Consensualidade administrativa e relações funcionais: a abertura de espaços de diálogo na realidade brasileira em decorrência do princípio democrático e das Convenções n° 151 e n° 154 da OIT.

Sampaio Silva, Clarissa

This article aimed to presenting an overview of administrative consensus, highlighting its importance and pointing out its aspects, and then to investigate the possibility of insertion of the Brazilian civil service in its domains, especially for the recognition of negotiation spaces between public administration and servants subject to statutory regime. The research considered the treatment given to the functional link by the 1988 Constitution and its conception in terms of the jurisprudence of the Federal Supreme Court and the national doctrine, in order to confront such understandings with the democratic principle and with the provisions arising from the ILO Conventions of 151 and 154, on public sector negotiation, duly incorporated into the national legal order. The conclusion is that there is a need for greater recognition of dialog spaces between Public Administration and public servants, as well as the flexibility of unilaterality in the establishment of functional rules, observing, however, the proper normative procedures and instruments.

PUBLIC administration; CIVIL service; PUBLIC spaces; PUBLIC sector; FEDERAL courts; BUREAUCRACY

A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional, 2020, Vol 20, Issue 81, p201

1516-3210

Academic Journal

10.21056/aec.v20i81.1278