Law 8.112/90: Civil Servants of the Union

Legal Regime of Civil Servants of the Union

• Law 8.112/90 governs the legal framework for civil servants of the Union.
• It includes related entities like special regime and federal public foundations.

Civil Servant Definition

• A civil servant is legally invested in a public position.
• Those in public service positions are to public positions what public employees are to public jobs.
• Physical persons exercising public function in name, generally, of a political or administrative body
• Titleholder of public position, whether tenured or commissioned

Public Positions

• A public position includes of duties and responsibilities within the organizational structure.
• Positions are created by law with specific titles and salaries paid from public funds.
• Open to all Brazilians for tenured or commissioned roles.
• No uncompensated service is allowed unless provided by law.

Provision, Vacancy, Removal, Redistribution, and Substitution

• Provision is when a servant is invested in a position, job, or function.

Forms of Provision

• Originating provisions involve initial linkage to public entity
• Naming is a form of originating provision.
• The deadline to take office is 30 days. Failure to take office voids the naming.
• Derivative Provisions depend on the servant’s prior ties to Public Administration.

Derivative Provision Examples

• Promotion: For servants moving to greater responsibility within career track
• Readaptation: For servants limited in function & unable to perform prior duty.
• Reversion: Refers to returning an ex-servant back.
• Return of a retired servant because his invalidity was deemed unfounded
• Reversal in the interest of administration under certain conditions
• Applying for reversal
• Voluntary retirement
• If the servant was stable
• Retired in 5 years prior to application
• Use: Re-entry into public service when a position becomes available with pay and nature suitable to the previously held position.
• Reintegration: Servant returns to his place after court invalidates dismissal & ensure restoration of inherent advantages
• Retractation of an action happens as consequence of Reintegration, for example

Forms of Provision Regarding How Long They Can Go Into Effect

• Effective provision is held via naming by public exam for 3 years and only dismissed per given circumstances
• Lifetime provision happens publicly by naming and ensures permanence except by court order
• Commission provision happens by naming for public office, independent of resource, but is transitory

Basic Requirements for Holding Public Position

• Brazilian nationality.
• Naturalized Brazilians or Portuguese individuals equated cannot fill positions with art. 12, Section 3 of Federal Constitution of 1988
• Actively exercising political rights.
• Compliance with military and electoral duties.
• Required level of education.
• Minimum age of 18.
• Physical and mental aptitude.
• Tasks can justify more requirements set by law.
• Disabled people have right to enroll and have 20% vacancies saved

Appointment Conditions

• Sara, a tenured public servant, was approved in a public exam for a position in another public organization.
• She began exercising her functions in the new position in the same year.
• In 2018, Sara was reproved in a performance evaluation and, consequently, in the probationary period.
• Sara had to fulfill these basic requirements: Brazilian nationality, exercising political rights, compliance with electoral duties, required level of education, minimum age of eighteen, physical and mental aptitude.

Additional Notes About Provisions

• Appointments for career positions or isolated effective provision positions depend on prior qualification in a competitive public exam.
• Obey selection conditions regarding job placement
• Competitive exams will be valid for up to two years and extension once.
• Can only be implemented once .
• Competitive exams requirements in Official Diary and in mass media

Posse and Exercise

• Title refers to solemn admin formal that makes investment in office valid
• This validates naming unless already valid from prior associations
• In this case no need to revalidate
• Investiture in public position occurs after proper approval
• The act of taking office occurs within 30 days counted from the publication of the provision act

Important Declarations

• Possessing assets of the people taking office and those working public function has to be officially inspected
• Physical and mental ability to perform function

Further Laws and Regulations

• If title does not occur during set amount of time, then act becomes non-effective
• There is a period of 15 days counted from the date of possessions
• The start, suspension, interruption and restart of practice will be registered in the individual record of the server
• Servant will present all data for the settlement

Articles of Law on Work

• There is a maximum work day is 40 hours weeks with ranges between 6 hours and 8 hours per day
• The employee of a commission post or function of trust is submitted for an integral dedication of service always being available
• Effective servants will be subject of assessment for 24 months checking aptitude and capacity for the works
• Presence to work
• Obey laws
• Capability show initiative
• Productivity
• Accountability
• This period increased for three years per constitutional laws

Stability

• The 1988 Federal Constitution says public servants are tenured after 3 years of active service, once qualified in a public exam with effective provision.
• Loses position only for judicial process. has the tenured servant.
• Invalidated by Court order.

Readaptation and Reversion

• Readaptation: Servant is put in office matching function limitations, given inspection
• Reverse: Inactive servant can be restored in 5 years
• Servant may return from retirement regarding reasons for the act.
• Returning servant gets pay based on the value of the office

Section X: Of Readjustment

• Article 28: It speaks of the reintegration-that reinvestiture of the server stable in the post previously occupied, or in the office resulting from its transformation, when its demission for administrative or legal decision and with reimbursement of all the profits is invalidated.
• Paragraph 1. In the event that the office has been extinct, the server will remain available, as predicted in items

30. e 31

Resumption Section

• Article 29: Return is the return of the stead server to the office previously occupied and will be decorated of:
• I - disqualification pro-testing regarding another office
• II - reintegration of the previous holder.

Availability and Use Sections

• Central body (Of Civil Staff the determinate immediate use of servant in with occur in any the organs )

Vacancy Article

• The Vacancy in the public debt will flow from:
• From exoneration,
• The demission,
• -The promotion- Article 33
• readaptação; (simultaneous types of vacancy and provision of a public debt)
• the retirement;
• possession in another office inacumulável;
• the death. Articles

Art. 34. The Exoneration, Article 34

• From article of effective debt will be of request of the server, or of ex officio.
• Only paragraph: the exoneration of ex officio will happen:
• I - when not satisfied the conditions of probation;
• II when, with the support possession, server not to enter in article fixed.

Removal Article

• Article 36: Removal is the displacement of the server, to request or ex officio, in the scope of the same picture, with or without change of location.
• From article, understands oneself by modalities of remotion: ex officio, to the request, for another place

Redisctribution Article

• Redistribution is the displacement of debt of effective investiture, occupied or the to be with in the scope of personnel, for another organ or the same power.

The Earnings and Advantages Topic

• Article 40: Earnings is the pecuniary indemnity for exercise of public debt, with fixed value in law.
• Remember that Public servant gets wages, politicals agents receive subsidy.

Article on earnings

• Article 41: Remuneration is the earnings of the effective debt, plus the permanent pecuniary advantages established in Law and in the Law is only Article 42

Loss Articles

• 44- The employee will lose: the remuneration of the day in that that is lacking for the service, without justified reason.

Limitations on Articles

• Article 45- Exceptions in Article was if be for legal injunction for foods, the earnings and not will pay the fee won that is the base Salary

Of the Advantages Section

• A pension is the amount paid to the inactive servant.
• To give cover in the events of disease, inability, at them that to give medical care;
• to contribute if is this that to give. Article
• Constitutes indemnity to the assistant: one- one cost, daily pay, transport
• It has one month, not two months, article
• Article is limited 30 days from after to the delivery of certificate

Article- On Benefits

• It is guaranteed to the family and will have this effect:
• Article by death, to help with the costs and funeral and the benefit you give what is given is the new system of things:
• To make it is not have bad intention
• And in the conditions of the pension and to be just what in them you put the life.
• Chapter IV: the health assistance
• The assistant is the health public , hospital and medicine.
• It will come before public power. This one provides care to the same; and, it has to have security and good treatment to make the thing works; The 35 has to has it.
• The public health assists the people of right to health, then the public power guarantees care that one knows what to do

Section IV

• Section For is what it is right of making the things- Article Of the Guarantees or Social Security
• 1- a) to keep an eye on the problems b) the gift c) to keep in that have rights!

Of The rights of request Section

• Art. 104. What are the rights to guarantee what is to you, to all that.
• To what the judge orders if you have what.

Chapter 3 Section III

• As one makes to work in the public and private, always doing what is right and with laws are.
• And not in the way . Always put laws ahead