This work intends to study, in an administrative procedural point of view, Brazilian public selection institute. Initially, a historical approach of the theme was performed, in order to enumerate the manpower selection instruments employed by Administration along the centuries, focusing on the various Brazilian constitutional systems. Then, by means of a mainly principled approach, the study of the institute according to the rules established by the current judicial order was realized. Following this, the rite adopted by the administrator when organizing a public selection, according to the preceding study of principles and rules established in the Constitution and by law, was addressed, featuring the jurisprudential positioning and administrative and judicial control methods applied to the theme. The next step was to verify if the present set of rules is adequate to promote the desired regulation of public selections. Along the work it was possible to conclude that public selections present judicial nature of a administrative process, thus being applicable the respective law; however, this is not enough to ensure the necessary regulation of the subject, so that the absence of a national law of public selections, as demonstrated by diverse situations, is cause of judicial insecurity for candidates, disobedience to constitutional principles and violation of the main objective of its execution, that is, the selection of the best trained candidates for the exercise of public service. / O presente trabalho visa estudar, de um ponto de vista processual administrativo, o instituto dos concursos públicos no Brasil. Inicialmente, realizou-se uma abordagem histórica do tema, com vistas a enumerar os instrumentos de seleção de mão-de-obra empregados pelas Administrações ao longo dos séculos, com enfoque nos diversos sistemas constitucionais brasileiros. Em seguida, por meio de uma abordagem eminentemente principiológica, passou-se ao estudo do instituto conforme as regras estabelecidas pelo ordenamento jurídico atual. A seguir, tratou-se especificamente do rito adotado pelo administrador ao organizar um concurso público, conforme os princípios anteriormente estudados e as regras estabelecidas na Constituição e nas leis, com destaque para o posicionamento jurisprudencial e os métodos de controle administrativo e judicial aplicados à espécie. O passo seguinte foi verificar se o conjunto normativo atualmente vigente se revela adequado a promover a devida regulamentação dos concursos públicos. Ao longo do trabalho, foi possível concluir que os concursos públicos apresentam natureza jurídica de processo administrativo, sendo-lhes, portanto, aplicável a legislação correlata; no entanto, isto não é suficiente para garantir a devida regulamentação do assunto, de modo que a ausência de uma lei nacional dos concursos públicos, conforme demonstram diversas situações fáticas, representa causa de insegurança jurídica para os candidatos, de desobediência aos princípios constitucionais e violação do objetivo precípuo de sua realização, que é a seleção dos candidatos mais capacitados para o exercício da função pública. / Mestre em Direito Público

Submitted by Dolores Teixeira de Brito (doloresbrito@terra.com.br) on 2016-11-10T01:40:39Z No. of bitstreams: 1 Dissertation_Dolores_2016.pdf: 1510340 bytes, checksum: 812ca360631a36fc0b07ea8604353e10 (MD5) / Approved for entry into archive by ÁUREA CORRÊA DA FONSECA CORRÊA DA FONSECA (aurea.fonseca@fgv.br) on 2016-11-11T13:15:35Z (GMT) No. of bitstreams: 1 Dissertation_Dolores_2016.pdf: 1510340 bytes, checksum: 812ca360631a36fc0b07ea8604353e10 (MD5) / Made available in DSpace on 2016-12-06T11:25:25Z (GMT). No. of bitstreams: 1 Dissertation_Dolores_2016.pdf: 1510340 bytes, checksum: 812ca360631a36fc0b07ea8604353e10 (MD5) Previous issue date: 2016-10-03 / Although Public Service Motivation theory (PSM) has been widely studied since Perry’s 1996 seminal work, including studies in different countries, there are still gaps in the literature regarding the emergence of PSM (wright 2008), its implications for public-sector employees recruitment and intake process, and its potential effects on job performance, particularly in an emerging country such as Brazil. In order to study public service motivation in Brazil, and its evolution from recruitment through retention, we carried a quantitative and qualitative research in a Brazilian regulatory agency, the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP), a public sector organization, and in a hybrid organization, Petrobras, an oil and gas company, a previously state-owned enterprise. Although Petrobras has now opened its capital and the hiring regime differs from public sector organizations, its capital is still majoritarily in the hands of the state and the agency ethos is still predominantly a public sector one. Therefore, this paper explores how the PSM construct, as proposed by James Perry (1990), applies to the Brazilian reality and suggests new elements for a new construct for a Brazilian PSM concept. Indeed, the data collected bears evidence that PSM as initially proposed in the cited study is not relevant to determine public service recruitment and entry motivation in Brazil. Values such as mission are not the reasons why Brazilian employees feel attracted to the public service. Nevertheless, once in the job, retention of such employees might result of a socially developed motivation and belief in the values regarding the mission of public organizations. This study also shows that the conditions of entry, as well as the progression paths before and after the recruitment are unique and peculiar to the Brazilian public sector entry mode. This study used a two-folded methodological approach: first, the author applied a survey to employees in both organizations using Perry ́s proposed survey instrument to test whether the PSM construct applied to the Brazilian case. Second, in-depth semi-strucutured interviews were carried out with employees in both organizations in order to collect data about specific features of motivation. This paper then concludes that the PSM concept must be redefined for the Brazilian case and that public service motivation is socially constructed on the job. Finally, the findings show that there is a unique dynamic in the Brazilian public service: given how competitive public examinations are, before recruitment, employees go through several competitive exams, erratically. They initially apply to very competitive and highly paid positions and, if they do not pass, they apply to lesser and lesser competitive positions until they pass. This characterizes a downward selection process. Conversely, once they have passed the examination, they start to compete for jobs that are higher paid, in an upward progression mode. Chosen jobs are not necessarily along the same profession lines. However, during the upward progression within the public sector, motivation and identity with the public sector emerges.