Nepotism is a system consisting of favoring relatives for hiring in work positions. In the Brazilian public career, the practice violates constitutional norms.
Nepotism is present in various fields, such as religion, entertainment and business in general. In this practice, the hierarchy seeks to preserve that positions of trust remain among family members.
The meaning of the word nepotism in the Houaiss dictionary is a "nepote". He would, in fact, be the “nephew of the supreme pontiff”. The word is of Latin origin formed by the terms "nepos-”, which means grandson, plus the suffix of Greek origin “-ism”.
Nepotism occurs when a relative holds a position by admission or promotion solely through family relationships. The practice ignores the existence of a more qualified person for the job.
When it comes to the public sphere, the occupation of positions is made through a public examination. And, when availability is for a commissioned position, the occupation must consider the occupant's curriculum.
Crossed Nepotism
It occurs even when there is no link with the public administration or hierarchical subordination. It is the exchange of relatives between different public agents and without family relationships.
In practice, they change positions, avoiding the association of their names with nepotism. For example, a judge hires a friend's son as a cabinet assistant. In return, the beneficiary also hires the friend's son for his office, in another office.
Either way, family patronage remains.
Administrative dishonesty
nepotism itself does not constitute a crime, but an act of administrative improbity. In some countries, such as Brazil, the person who practices and their beneficiaries, when the act is proven, may suffer a public civil action.
The result of this action is the dismissal and reimbursement to the public coffers of all the money received during the time the irregularity remained.
Law
Article 37 of the Federal Constitution of Brazil determines that the hiring of public servants must respect the principles of:
- Legality
- impersonality
- Morality
- Advertising
- Efficiency
The 13th Binding Precedent, approved on August 21, 2008, provides that nepotism is prohibited in the Three Powers, at the level of the Union, States and municipalities. The same goes for crossed nepotism.
On June 4, 2010, former president Luiz Inácio Lula da Silva issued federal decree no. 7203, which provides for the prevention of nepotism within the scope of the federal public administration.
Origins of Nepotism
The word “nepotism” was used exclusively to designate the Pope's relations with his relatives. The term became better known between the years 1655 and 1665 in Italy, when a series of popes named their nephews cardinals.
In fact, nepotism arose to denominate the granting of papal privileges to their families. This is due to Catholic celibacy. Popes and other Catholic authorities are unable to have children, and they nominate their nephews to important positions in the Church. They thus constituted a true papal dynasty.
The phenomenon was very common until 1692, when Pontiff Innocent XII promulgated the papal bull “Romanum decet pontificem”. The document prohibited nepotism in the Catholic Church.
Curiosities
One of the greatest nepotists in history was Napoleon Bonaparte, who in 1809 named three brothers to reign in countries occupied by his armies.
THE "walk charter” is the first case of nepotism in Brazil. At the end of the letter, Pero Vaz de Caminha he asks the king of Portugal for a job from his son-in-law.
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