Concurso público para cargos da Magistratura e do Ministério Público: a adequada interpretação da norma constitucional de experiência prévia.

Marrara, Thiago; Victor Recchia, Paulo

The public tender legal institute has the primary function of selecting personnel for positions and jobs in the Public Administration. Moving away from the patrimonialist logic, the promotion of the efficiency of state functions and the need for maximum competitiveness in access to positions and jobs are closely linked to democratic and republican principles. However, the jurisprudence of the higher courts still confuses the requirements for investiture in the position with those of participation in the competition which, in addition to the doubt as to the moment of proving these requirements, unduly excludes candidates suitable for the exercise of public function. In order to clarify this distinction, a review of the constitutional rules on the subject will be made, taking into account the filling of the positions of the Magistrate and the Public Prosecutor, the rules of the CNJ and the CNMP, in addition to the discussion of critical points of the positioning of the STF and the historical context of Amendment No. 45, with regard to the reasons that led to the reform of the judiciary and the rules for entering these careers.

LEGAL tender; PUBLIC prosecutors; PUBLIC administration; JUDICIAL reform; JUDGES

A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional, 2020, Vol 20, Issue 81, p153

1516-3210

Academic Journal

10.21056/aec.v20i81.1394