CAREER ADVANCEMENT FOR PUBLIC SERVANTS AS AN EXCEPTION TO THE PERSONNEL EXPENDITURE LIMIT OF THE FISCAL RESPONSIBILITY LAW

Abstract

This is a controversy within the scope of Administrative Law regarding the legality of granting career progression or promotion to public servants, in light of the restrictions and limits established in Complementary Law No. 101, of May 4, 2000, known as the Fiscal Responsibility Law (LRF). Controlling and improving the efficiency of public spending are fundamental issues for the country. In particular, the increase in public sector payroll expenses is a phenomenon that governments have great difficulty addressing, largely because it is related to the political process that sustains the government itself. Added to this is the general adoption of a paternalistic governance regime, which establishes a kind of "government of friends." The main rules for fiscal management and budgetary and financial adequacy of public expenditures are established in the 1988 Federal Constitution and in Complementary Law No. 101 of May 4, 2000 (Fiscal Responsibility Law). In particular, the Fiscal Responsibility Law is the main instrument for this aspect of state action. This legal mandate stipulates that it must be verified whether the personnel expenses of each branch of government or agency – with a specific limit – remain below 95%. If this limit is exceeded, there is a set of prohibitions that must be observed by the branch of government or agency that has exceeded it. In this scenario, that is, when the Power or body has exceeded the legal limit, the question is the public administration's decision to deny, based on this ground, administrative processes whose object is the functional movement of public servants (progression and promotion), when they meet the specific conditions defined by law, since such a measure would impact the payroll, implying an increase in personnel expenses.