THE (IN)APPLICABILITY OF THE FISCAL RESPONSIBILITY LAW TO THE PAYMENT OF FUNCTIONAL PROGRESSION OF PUBLIC SERVANTS

Abstract

The objective of this research is to analyze the (in)applicability of the Fiscal Responsibility Law to the payment of civil servants' career progression. In order to obtain the answers to the research, the work was carried out using the legal work methodology. The theoretical approach was deductive. The qualitative and quantitative technique will be applied to analyze the data. The result obtained was that the Superior Court of Justice established that the Fiscal Responsibility Law is not applicable to civil servants' career progression, since the legal diploma in question does not prohibit career progression for civil servants. This is because there is no explicit prohibition on career progression in LC 101/2000. It was concluded that it is illegal to deny promotion to a public servant, provided that all criteria established by law are met, even exceeding the financial restrictions established by tax legislation, related to the costs of public body employees, considering that promotion is a benefit guaranteed to the public servant, arising from a specific law, being covered in the specific situation described in item I of the sole paragraph of article 22 of Complementary Law 101/2000.