PUBLIC SERVICE IN LIGHT OF LAW 8.112/90: SOME CONCEPTUAL CONSIDERATIONS

Abstract

Law No. 8,112, of December 11, 1990, deals with the legal regime of civil servants of the Union, its autonomous agencies, and federal public foundations. It is, therefore, a legal instrument that governs the functional relationship between the civil servant and the federal Public Administration, addressing topics such as entry, rights, duties, responsibilities, and penalties. The central idea of this law is to ensure that the actions of public servants are carried out in accordance with legality, ethics, efficiency, and responsibility within the Public Administration, protecting the public interest and the rights of the civil servant. In this context, with the aim of outlining some considerations about how public service is addressed in Law No. 8,112/90, I present some conceptual considerations on the subject and its possible relevance to the good performance of public service. This is a bibliographic and documentary research, involving topics ranging from service within the public sector, through ideas related to administrative law, to how it is treated in legislation. While it is true that in public service, one is only permitted to exercise what is expressly written in the law—that is, there is no room for discretion (except in very rare exceptions)—it is also true that as initiatives are undertaken to clarify and add descriptions about the role of public agents and servants, the possibilities for this service to occur more smoothly and with higher quality are expanded, since clarity and objectivity regarding possibilities and limits serve as horizons for action in this area to be carried out with greater quality and solidity.