The illegal accumulation of public offices and the application of the improbity law

Abstract

The 1988 Federal Constitution, as a rule, prohibits the paid accumulation of public positions. However, there is a sparse and exhaustive list of situations in which such accumulation is permitted, such as in the cases provided for in Article 37, XVI, all conditioned on the rule of compatibility of schedules. The prohibition of this practice is based on the justification that the accumulation would compromise efficiency in public administration, which, it is worth noting, is presented as a guiding constitutional principle in that area. Law No. 8,112/90, which establishes the Legal Regime of Civil Servants of the Union, of the autonomous entities, including those under special regimes, and of the federal public foundations, in its article 133, provides, however, for the right of the servant to choose, within 10 (ten) days, one of the employment relationships, characterizing his good faith and preventing the application of the law of administrative misconduct, but resulting in a certain degree of impunity.