Dismissal of public employees with justification

Abstract

This paper seeks to demonstrate the need to analyze the dismissal of public employees from the perspective of constitutional principles, particularly regarding the principles of morality and impartiality, which guide the requirement for justification of administrative acts. It starts from the premise that if the Public Administration is subject to the requirement of holding a public competitive examination when hiring personnel, consequently, it must also be subject to due justification when dismissing these public employees. From this starting point, it was demonstrated that justification is an essential element of the administrative act of dismissing a public employee. Its absence renders the act null and void, which consequently leads to the reinstatement of the public employee. Therefore, this reflection is of paramount importance in order to obtain a re-discussion of the matter by the Superior Labor Court (TST), given the constant and significant jurisprudential divergence among the Regional Labor Courts.