Remuneration limits in lawful accumulation of offices and public functions and the transformations of Administrative law

analysis of the Brazilian Supreme Court cases

Abstract

The public function submitted to the statutory regime was not preserved from the recent transformations of Administrative Law. Not only has the constitutional legal model for public statutory servants passed in recent times due to changes in the constitutional text, but also the interpretation of constitutional provisions conferred by the Federal Supreme Court has evolved, coinciding with the new post-positivist paradigm of Administrative Law. This article analyzes the recent decision of the Federal Supreme Court with a general repercussion that removed the observance of the remuneration ceiling regarding the sum of the remuneration of the public agent, in the constitutionally authorized cases of accumulation of positions and functions for purposes of incidence of article 37, subsection XI of the Federal Constitution. Analyzing the votes, it is verified that important aspects were debated about the transformations of Administrative Law, with emphasis on the new post-positivist paradigm that consists in the realization of fundamental rights. Finally, with regard to the methodology used, the analytic-deductive model is used, having as parameter the Constitutional Law concretized.