Null Work contract with the public administration and recente declaration Nbr 363 fron the Superior Work Tribunal - TST

Abstract

The order constitutional Brazilian of 1988 started to previous approval in the worker´s public competition hired by the Union, by States, for the Minicipal districts, for the Autarchies, for the Foundation, for the public companier and for the societied by favored political. It happens until today, even though one decade has passed, public administrators insist on promoting the workwr´s direct and unconditional admission, violating the constitutional norms and creating anomalous juridical situation that divides among the contractual nullity, the protection of the work and the consequences of the administrative tack. The doctrine and the tribunals plow rich in the most several understanding. In this article the existence, the validy and the effectiveness of the work contract maintained with the Public Administration without previous approval in aompetition are analyzed, reaching critical conclusion regarding the juridical consequences and of the compensation owed to the worker that were unknown for the judiciary orientation uttered by the Superior Tribunal of the Work in its recent Statement n. 363.