O papel do servidor público na Constituição Federal de 1988 para a concretização do estado democrático de direito : uma missão ameaçada pela PEC n.º 32/2020.

Abstract

This present work discusses the importance of the public servant in light of the 1988 Federal Constitution and the option of the Democratic State of Law and the setbacks of Proposed Constitutional Amendment 32/2020. Since public service is the main form of state action to achieve public purposes for the benefit of society, what is the role of the civil servant in the Federal Constitution of 1988 to achieve the Democratic State of Law and why does Proposed Constitutional Amendment 32/2020 threaten public service? The purpose of this work is to demonstrate the importance of the role of the civil servant, set forth in Brazil's Federal Constitution of 1988 and its legal regime, in the construction and realization of the Democratic State of Law that prioritizes public service. To this end, an analysis of the evolution of the public service in Brazil during the administrative reforms of the 20th century was made from the perspective of the evolution of the bureaucratic system in Brazil, as well as to discuss and explain the constitutional role of the public servant in the dynamics of the Federal Constitution of 1988 and the Democratic State of Law, besides discussing the legal system and the system of guarantees for public servants, to point out structural problems, and to analyze how the constitutional mission of those agents is threatened by Proposed Constitutional Amendment 32/2020. The approach used is hypothetical-deductive, based on the study of doctrine, jurisprudential understanding, and applicable legislation. The study of the theme has a fundamental importance, since understanding the importance of public servants in the performance of the State allows the understanding of their constitutional mission and the reason why they must be defended. It is understood, therefore, that public servants can be conceived as agents of conformation of the Democratic State of Law and that the Proposed Constitutional Amendment 32/2020 represents a social regression in the provision of public services.