Government presents PEC of the New Public Administration

The Federal Government presented this Thursday (03/09) the Proposed Constitutional Amendment of the New Public Administration. This proposed amendment is the first step in a broad set of measures that aim to modernize the public administration, contribute to fiscal balance and offer quality services. The new rules will apply to public servants of all powers (Executive, Legislative and Judiciary) and in all spheres (federal, state and municipal). Only the military and members of powers are left out.

 "The new rules related to the bonds and the possibilities of disconnection are present in the New Public Administration and are valid only for the new servers. It is important that we make this very clear. We are sure that the problem is not the server, but the system that was being created and distorted over time. It is because of this complex system that society does not receive the expected service, even paying so many taxes. We need to change this so that the human potential that we have in the public service can reflect in the delivery of quality services for the population ", emphasizes the special secretary of Bureaucratization, Management and Digital Government, Caio Mário Paes de Andrade

 The Constitutional Amendment Proposal (PEC) is only the first phase of the design of the New Public Administration, which provides for five different possibilities of bonding with the government, a new form of entry and a selective process for leadership and advisory positions. According to Paes de Andrade, all constitutional rights of current employees - including stability and remuneration - will be maintained. The other changes in the legislation will be sent later, after the vote of the PEC in the National Congress. (link to the legislative map)

 In addition to establishing a modern system, more agile and capable of meeting the needs of citizens, the proposal seeks to balance the public budget and allow governments, in its three spheres, to be able to honor their commitments and invest in projects that will make a difference for the future of the country. “We want to offer a good quality service and, at the same time, guarantee the country's fiscal balance. We are making a commitment to the future of public servants”, added Paes de Andrade

According to the secretary, the difficulties faced by some states, which are unable to make investments or pay their servants on time, reveal that changes are essential and urgent. The Union already faces major budgetary challenges and sees its investment capacity decrease year by year. In 2019, the federal government's expenditure on active public servants and employees of dependent state companies was R $ 109.8 billion, while in 2008 the expenditure was around R $ 45 billion.

New Model

The central point of the changes is the entry of new servers. The public tender will continue to be the main form of entry. But, in addition to theoretical knowledge, professional skills and, especially, performance in practice of those seeking public service will be assessed.

There will be five types of link between the new civil servant and the public administration: link by experience, fixed term position, indefinitely position, typical state position and leadership and advisory position. 

 In the case of leadership and advisory positions, part of them may be filled through a simplified selection process. Another installment will remain free to be nominated and removed. In both situations, there will be minimum criteria defined by each of the Powers. The objective is to professionalize the occupation of these positions.

Termination of employment

The PEC establishes that no employee may be released from employment for arbitrary reasons and all terminations must be justified. The possibilities for dismissal already provided for in the Constitution are maintained, including those that were not regulated, such as that of insufficient performance (Article 41 of CF / 88).

 For new servants, in the case of occupants of typical state positions, the termination rules remain the same as the current model. For positions with an indefinite term, the possibilities of dismissal will be defined by law by the National Congress.

Institutional improvement

 The PEC also provides for more autonomy for the President of the Republic in managing the structure of the Federal Executive, as long as this does not imply an increase in expenditure, nor in the interruption or non-performance of the services provided. The Judiciary and Legislative powers already have this autonomy.

 The creation of new public coordinations, entities or the transformation that results in an increase in expenditure continues pending approval by the Legislature. “The chief executive has the power to change his own structure. It is important that each power has autonomy to define its organization, as long as it does not burden society ”, defends the special secretary of Bureaucratization, Management and Digital Government, Caio Mário Paes de Andrade. The proposal also allows the President of the Republic to extinguish commissioned positions, vacant or occupied functions and bonuses.

Another innovation will be to guarantee cooperation between the Union, States, Federal District and Municipalities. They will be able to create instruments to share human resources and physical structure. Efficiency and the focus on results become the main objective of public administration in the performance of their functions.

Good governance

The text of the constitutional amendment also changes Article 37 of the Federal Constitution and includes nine new principles of public administration. The objective is to place the citizen at the center of all administrative activities.

Thus, impartiality, transparency, innovation, proportionality, responsibility, subsidiarity, unity, coordination and good governance appear as public administration principles. They join the principles of legality, impersonality, morality, publicity and efficiency.

Next steps

 The intention of the Federal Government is that the referral of the PEC of the New Public Administration initiates a wide debate around the changes. In the coming weeks, the Ministry of Economy team should hold rounds of presentation of the measures to parliamentarians, unions, businessmen and social organizations.

“The proposal presented today is just the first step towards the implementation of the New Public Administration. It starts a process of joint construction with public servants, parliamentarians and civil society. ” submitted Caio Mário Paes de Andrade.

See the presentation, FAQ and Glossary on the New Public Administration