Acumulação de cargos, empregos e funções públicas : uma análise sistemática sobre a questão, com enfoque na controvérsia do entendimento do cargo técnico e/ou científico

Abstract

This paper aims to demonstrate the legal condition on the accumulation of positions, jobs or public functions, as well as to analyze the framing of illicit accumulations as acts of administrative misconduct. To support this research, a bibliographic survey was conducted in legal works relevant to the theme and in documents of virtual order. According to the Federal Constitution of 1988, the accumulation of paid positions, jobs or public functions is expressly prohibited, being allowed only if there is compatibility of schedules in the situations provided for in the Major Law and for some specific positions. This study demonstrates that the illicit accumulation of public positions, jobs, or functions, although forbidden, occurs broadly in the Public Administration, due to factors involving the lack of a specific database, the absence of legal provision regarding the return of unlawfully received income from the treasury, and the non-framing of conduct as administrative misconduct. All this context, besides wasting public resources, compromises the probity and speed of public services. Because of this, it is necessary to improve specific laws in order to curb these unlawful acts and guarantee the quality of public service to society.