Chamber approves bill establishing rules for public tenders

The Chamber of Deputies approved this Thursday (4th) a project that establishes rules for competitions aimed at filling positions and jobs in the public administration.

The text was approved in a symbolic vote. Now, back to the Senate.

The bill was presented by the then Senator Jorge Bornhausen (PFL-SC) in 2000 and began to be processed in the Chamber in 2003.

According to the text, the public contest aims at the isonomic selection of candidates through the assessment of knowledge and skills and, in specific cases, of competences necessary for the performance of the duties of the public position or job.

The proposal brings some exceptions to the rules it stipulates. According to the text, the rules can be applied in a subsidiary way in the competitions provided for the AGU (Advocacy-General of the Union) and for vacancies for state and Federal District attorneys.

The text says that the law will not be applied to public tenders for the judiciary, for the Public Ministry, Public Defender’s Office of the Union and the Armed Forces. It will also not apply to public companies and mixed capital companies that do not receive funds from the Union, states and municipalities to pay personnel or current expenses. Despite this, it allows the total or partial application of the rules to these competitions.

The possibility is also open to cases of contracting for a fixed period to meet the temporary need, to selective processes for the admission of community health agents and to combat endemic diseases and the hiring of foreign professors, technicians and scientists by universities.

According to the text, the contest will comprise, at least, the evaluation by tests or tests and titles. There is the possibility of carrying out a course or training program, provided that the attributions of the position justify this and that there is a forecast in the public notice. If the specific career law determines, the course or training program will be mandatory.

The text prohibits, at any stage or stage of the public tender, the illegitimate discrimination of candidates based on age, sex, marital status, physical condition, disability, ethnicity, place of birth, provenance or place of origin. A PT highlight tried to include the prohibition of discrimination based on sexual orientation and replace ethnicity with race and place of origin with housing. The deputies, however, rejected the change.

According to the project, authorization to open a public tender should be motivated by the evolution of the staff in the last five years and an estimate of future needs in view of the institutional performance goals for the next five years.

Other conditions are the name and number of vacancies to be filled, with a description of the attributions, inexistence of a previous public contest valid for the same positions, with a candidate approved and not nominated for the same positions and estimate of the budgetary-financial impact in the year foreseen for completion and the following two, among other criteria.

The project allows for the exceptional opening of a new competition even if there is a valid previous one, with a successful candidate and not nominated for the same posts, provided that there is an insufficient number of approved and non-nominated candidates to meet the needs of the public administration.

The contest may be planned and executed by the internal organizing committee of the body or entity that needs the vacancies or by a public body or entity belonging to the same state or municipality or different, but which is specialized in the selection, training or evaluation of servers or employees. public.

The organizing committee will be composed of an odd number of members, holders of public office or employment. One of them will be the president and the group will decide by absolute majority. The text proposes that the commission have at least one member from the human resources area. The other members must carry out activities of equal or greater complexity to the positions to be filled.

There are rules for the public tender notice, such as the number of vacancies to be filled and description of attributions and knowledge, skills and competences. Among other things, the document must contain procedures for registration, fee amount and rules for exemption or reduction, competition stages, classification criteria, tiebreakers and approval and minimum and maximum percentages of vacancies for people with disabilities or who fit the legal hypotheses of affirmative action and historical reparation.

It will be possible to carry out the contest totally or partially remotely, online or through an electronic platform with secure individual access and in a controlled environment, provided that equal access to the tools and devices of the virtual environment is guaranteed. This, however, depends on regulation.

The law enters into force on January 1 of the fourth year after its enactment. The application can be anticipated by the act that authorizes the opening of each public tender.

According to the text, the law does not apply to public tenders whose opening has been authorized by an act enacted before its entry into force. There is also provision for states and municipalities to issue their own rules for holding contests.