understand what it is like and what it looks like

The Administrative Reform Working Group published, on October 2, the proposals prepared under the coordination of the deputy (PSD-RJ). The package aims to achieve state efficiency, the digitalization of systems, the implementation of meritocracy in public service and the extinction of privileges.

Among the measures are changes to career progression rules, the treatment of conflicts of interest and the distribution of vacancies between men and women. The text also deals with vacations, days off, remuneration and sanctions applied to employees.

According to the congressmen’s text, the administrative reform also proposes a kind of 4 x 3 scale authorized by law to the public sector – something that does not exist in the private sector. There will be 4 days of in-person work and 3 days at home (1 would have to be teleworking).

The texts released at the beginning of October present 70 proposals in 3 axes, namely a PEC (Proposed Amendment to the Constitution), a PLP (Complementary Law Project) and a PL (Law Project).

This is one of the Mayor’s priorities, (Republicans-PB). The texts now go to the Chamber for analysis. Here are the full proposals: (PDF-371kB), (361-kB) e o (391-kB).

While the PL can be approved by a simple majority (half of the votes plus one of those present), the PLP requires an absolute majority (257 votes in the Chamber and 41 in the Senate). The PEC needs the support of 3/5 of congressmen in 2 rounds of voting (308 votes in the Chamber and 49 in the Senate).

Of these 70 proposals, the Poder360 analyzed the Axis 3which deals with professionalization within the public service, and the Axis 4which specifies the benefits extinguished by the reform. These proposals are: 31, 36, 44, 45, 51, 52 to 58, 59, 63 and 68.

Here is what they are like today and what they should look like with the administrative reform:

31. End of progression exclusively based on length of service.

How it is now: Currently, career progression is time-centric service (seniority).

Proposal: A performance assessment is now required to allow progression – adopting the SIDEC model of the Federal Executive Branch as a premise. In this way, the meritocratic idea and combat accommodation in the public service.

36. Definition of parameters for commissioned positions.

How it is now: According to current laws, the Federal Executive allocates at least 60% of the total commission positions to career employees. An elected mayor, for example, can allocate secretarial positions and other levels as she wishes, without considering merits or experience.

Proposal: there will be a maximum percentage of commissioned positions in each federative entity (municipality, state, union), with a maximum of 5% of positions. There will also be a mandatory classification of commissioned positions, such as strategic, tactical and operational. The mayor mentioned above will continue to be able to appoint secretaries as she wishes, however, the other levels must respect the maximum of 5% of commissioned positions.

44. Conflicts of interest.

How it is now: of Lei nº which deals with conflicts of interest, is applicable only to employees of the Executive Branch. It prevents public agents from using privileged information or job situations to obtain personal advantages.

Proposal: With the administrative reform, the law now covers the entire public administration. Therefore, an employee of a state regulatory agency will be subject to the rules if they leave public service and join the private sector. Sensitive information is now defined as restricted use.

45. Home office

How it is now: each body defines its teleworking regime, without standardization, evaluation criteria or productivity control.

Proposal: the reform proposes general national rules to standardize home office, allowing only 1 day a week of remote work. There cannot be more than 20% of an organization’s employees working from home at the same time, in addition to rules for monitoring the work regime and preventing employees from working outside their place of employment.

51. Vacancies for women

How it is now: Currently, women represent 45.6% of public employees and 39.2% of management and advisory positions, but there are no rules aimed at representation in the positions in question.

Proposal: With the reform, it now guarantees at least 30% representation in commissioned positions.

52/53/54/55/56/57 e 58. Provides for vacations and days off

How it is now: There are countless possibilities that allow some employees to institute benefits that can exceed the constitutional ceiling. For example: a judge is entitled to 60 days of vacation, plus the forensic recess, he can also accumulate these periods and convert them into cash, which can lead to a payment greater than his salary at once.

Proposal: The following 7 determinations are now defined in the Constitution:

• end of holidays longer than 30 days;
• prohibits additional vacation payments above ⅓ of salary;
• prevents additional payments, progressions and leaves from being granted solely based on length of service;
• end to the creation of new salaries or benefits without Congressional approval;
• starts to prohibit days off as a way to compensate for excess work;
• prohibits exchanging days off or vacations for money (as is already the case in the Union);
• prohibits the payment of additional danger or unhealthy conditions for “those who do not works with effective exposure to risk factors”.

59. Conceptualization of compensation or remuneration funds

How it is now: Currently, compensation funds do not have a clear definition of what they are, being limited to payments made to cover the server’s expenses. It allows the creation of advantages such as compensation funds that exceed the constitutional ceiling, circumventing the remuneration limit.

Proposal: The reform proposes the elimination of funds created disguised as compensation just to exceed the ceiling or avoid income tax. Changing issues such as converting vacations, days off or licenses into cash.

63. Remuneration ceiling for state-owned companies

How it is now: Non-dependent state-owned companies, whether mixed or public, do not currently have a remuneration ceiling for the remuneration of their public employees.

Proposal: establishes which non-dependent state-owned companies must comply with a federal civil servant remuneration ceiling. The limit is the salary of STF ministers.

68. Prohibition of compulsory retirement as a sanction:

How it is now: The public administration uses compulsory retirement as a sanction against judges and members of the Public Ministry, that is, as a form of punishment, the offender is removed from office, but continues to receive remuneration until the conclusion of the legal action that may determine the loss of office.

Proposal: eliminates this form of punishment as the maximum sanction for judges and members of the Public Ministry.

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This report was written by journalism interns Davi Alencar and Isabella Luciano under the supervision of editor Guilherme Pavarin