The temporary hiring practice by the public authority and its alleged illegality

a critical analysis of the recruitment of temporary employees in the validity period of civil service exam in Caruaru-PE

Authors

  • Wedja Carla Souza ASCES-UNITA

DOI:

https://doi.org/10.11606/issn.2319-0558.v5i2p322-345

Abstract

It is intended to, considering a case study, analyze the (i)legality/(un)constitutionality of the temporary contracts occurred during the term of validity of the Public Tender for teachers of the level I and II with its tender document released in 2009 in Caruaru-PE. A process which finds itself being prosecuted by the means of the writ of mandamus number 0011429-48.2011.8.17.0480. Considering a qualitative approach based on the hypothetical-deductive method, it is carried out a study case analysing the behavior and the actions of the parties, of the Magistrates and the justice auxiliaries in order to verify the legality/constitutionality of the temporary contracts occurred during the validity term period of the public tender of 2009 and discussed in the means of the writ of mandamus as well as it is verified the predominant position on the superior country courts (STJ, STF) and the possible differences. Through the collected data, the indiscriminate practice of the municipal administration, at that time, was to actually renovate the precarious contracts, causing damages to the ones who were classified on the public tender, in a specific way as well as considering the public general interest.

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Author Biography

  • Wedja Carla Souza, ASCES-UNITA
    Graduanda de Direito pela ASCES-UNITA (Caruaru-PE) e participante do Programa de Iniciação Ciênctífica da ASCES-UNITA (INICIA).

Published

2018-08-07

Issue

Section

ARTIGOS CIENTÍFICOS

How to Cite

Souza, W. C. (2018). The temporary hiring practice by the public authority and its alleged illegality: a critical analysis of the recruitment of temporary employees in the validity period of civil service exam in Caruaru-PE. Revista Digital De Direito Administrativo, 5(2), 322-345. https://doi.org/10.11606/issn.2319-0558.v5i2p322-345