Bill Will Enable Dismissal of New and Current Civil Servants for Poor Performance

RIO DE JANEIRO, BRAZIL – In addition to sending an administrative reform that will concern only new servants, the government promises to submit a bill to Congress to regulate the potential for dismissal due to poor performance of current emplyees. This controversial provision is included in the Federal Constitution, but was never enforced because regulation was lacking.

Currently, in order to dismiss a federal employee, a disciplinary administrative proceeding (PAD) must be conducted, according to Law 8.112. It must be proven that there was a crime committed against public administration, abandonment of office, administrative improbity or corruption.

The Jair Bolsonaro government has not detailed the proposed regulations under the new employment regime.

The reform does not affect judges, legislators, or the military

The government’s administrative reform proposal does not affect magistrates, legislators or the military, said Gleisson Cardoso Rubin, the special deputy secretary of Debureaucratization, Management and Digital Government of the Ministry of Economy.

According to him, the President of the Republic can not define specific rules for members of the Legislative and Judiciary Branches. However, the remaining employees of the judicial and legislative branches are affected by the reform.

The President now has more power to dissolve bodies

The proposal aims to empower the President to terminate administrative positions, bonuses, duties and entities, change vacant posts and reorganize agencies and foundations.

According to the government, most changes in administrative structure require a statute to become law. The economic team believes there is thus little autonomy in the reorganization of positions and bodies.

In addition, the Ministry of Economy has declared that these procedures, which currently require Congressional approval, are complex and time-consuming considering the needs and public interest.

Source: UOL