Public servant: concept, classification and roles

A public servant is a public administration official, which has a working relationship with agencies that are part of the State.

Holds a public office and provides services directly to the State or one of its member bodies. These positions exist in all spheres of administration: federal, state and municipal.

Regardless of the sphere in which they work, public servants have their work rules governed by a statute.

Unlike what happens with employees of private companies, for example, they are not subject to the rules of the Consolidation of Labor Laws (CLT).

The rule to access these positions is through approval in a public examination.

Public servants: classification

The servers are part of the group of public agents, which are all people who exercise some type of public function. In addition to them, they are also part of this group: public employees and temporary office holders.

  • Public employees: they also have a working relationship with the State. But, unlike what happens with servers, the bond can be effective (by competition) or in commission. The law governing these positions is also different, public employees are under the protection of the CLT.
  • Temporary agents: they have a temporary relationship with the public administration, that is, they are hired to fulfill a function only for a certain period. The hiring of these agents takes place through the signing of an employment contract, which defines, for example: job function, salary value and duration of the contract.

Difference between public servant and public employee

Both civil servants and civil servants have job functions in the public administration. The difference between them is the way in which the hiring takes place and the employment relationship with the State.

The public servant, as a rule, is governed by a law, called a statute. For example: the rules on federal servants are defined in law nº 8112/90 (Statute of the Federal Civil Servant).

Public employees, on the other hand, are governed by the rules of the CLT (Consolidation of Labor Laws), the country's labor legislation.

Read more about the meaning of CLT.

Public servants and tenure in office

Public servants who have been approved in a competition must undergo an evaluation of their performance after three years of services provided. If approved, they acquire stability in public service.

This stability means that they cannot be removed (lose from office) for any reason or at any time. But this also does not mean a guarantee that they will never lose the right to occupy the vacancy.

When the server is stable in the position, he only loses his place in specific situations determined by law, such as in the case of committing a serious infraction.

The dismissal of the server, in cases like this, only happens after a disciplinary administrative process (PAD), which will investigate the occurrence and apply a penalty if the irregularity is proven.

In PAD, the following penalties may apply:

  • suspension,
  • resignation,
  • retirement cancellation,
  • cancellation of availability,
  • removal from office in commission.

Discharge and Dismissal

Dismissal and dismissal are two terms that mean the shutdown a server of public administration. Although they have the same meaning, they must be used in different situations.

THE exoneration it is the disconnection that happens without punishment. For example, when the server asks to leave the position or when the occupant of a position in commission is dismissed.

On the contrary, the resignation it is the disconnection as punishment for an act performed by the server. It occurs, for example, after the investigation of an infraction committed by the employee.

For more details, read the meaning of Disclaimer.

Public servant and trust function

A public servant can temporarily fill a trusted role. In the role, he may be in management, advisory or leadership positions.

The trust function is the choice of a public servant, already with a public examination, to occupy a position or position different from the one for which he was approved in the public examination.

Trusted role and commissioned position

The trust function, although it has some similarities, not to be confused with the position on commission..

In the commissioned position, a person can occupy a vacancy in the public administration temporarily, without having been approved in a competitive examination.

In this case, the hiring takes place through the signing of an employment contract, which must contain information such as: function that will be performed, salary amount and estimated time for the duration of the work.

In addition, occupants of commissioned positions do not have stability in the public service, that is, may be excused from work at any time, as needed by the administration. public.

See the meanings of Public service and Public administration and meet the Principles of Public Administration.

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