Banca de QUALIFICAÇÃO: RODIO LUIS BRANDAO CAMARA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : RODIO LUIS BRANDAO CAMARA
DATA : 16/07/2019
HORA: 14:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

TRIPLE ACCUMULATION OF PUBLIC CHARGES TO PROFESSIONAL HEALTH MILITARS: Constitutional Permission and Ethical Questioning.

PALAVRAS-CHAVES:

Public positions. Triple accumulation. Military health professionals. Constitutional Permission. Ethic.

PÁGINAS: 125
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

In a recent monograph presented as a work to conclude an undergraduate law course by UFRN, a unique hermeneutic controversy was discussed regarding the interpretation of the text modified by Constitutional Amendment nº 77 of February 12, 2014 (EC 77). It was considered that the text that had changed, related to the accumulation of positions or jobs by professional military personnel, could be interpreted in two different ways: one of them, the restrictive interpretation, would authorize the accumulation of only one more public bond, while the another, the declarative interpretation, would allow the accumulation of up to two more public bonds, besides the own military bond already exercised. At the conclusion of this monograph, it was recognized a constitutional permission for the triple accumulation of positions to the military professional health. This conclusion was justified by a closer reading of the extracts that refer specifically to the military health professionals in the Transitional Constitutional Provisions (ADCT) and in the text itself modified by EC 77. With this, starting from a grammatical interpretation and logic of the constitutional text, the conclusion was contextualized to the social demands existing in the Unified Health System. However, an ethical and moral argument was opposed to this conclusion. It was alleged that there is no moral justification for granting this exceptional "privilege" to this category of public agents to the detriment of other categories of public agents. This value questioning was based on the categorical imperative of Kant, in its variant known as the Universal Law, in which it is recommended that individual action must be a universalized act for all. The present dissertation resumes and deepens the academic discussion about the triple accumulation of public ties of the professional military of the health, considered in its possibility of support by the current Brazilian legal order when being taken as base the interpretation of the constitutional text that underwent mutation from the EC 77. Currently, the same social demands persist within the scope of the Unified Health System. The federal government also currently has a significant number of military personnel who have held elective or commissioned positions at the highest levels of public administration, evidencing the relevance of the military profile in the Executive Branch. In addition, a new constitutional amendment has recently been approved that authorizes the accumulation of positions also to the professionals of the Military Police and State Fire Brigade. On the other hand, the controversial ceiling of 60 hours per week recommended by the Federal Attorney General's Office (Advocacia Geral da União) was also relativized recently by STF, STJ and AGU itself. All these aspects demand the in-depth re-approaching of the theme in its juridical hermeneutic and normative aspects. Finally, entering into the field of the philosophy of law, the analysis of the possibility of an ethics that balizes the paradox of the triple accumulation of positions by certain public agents to the detriment of the others is made. In this sense, as an alternative to the imposition of the categorical imperative of Kant, the proposal of an ethics of the construction of the consensus based on the communicative action advocated by Jürgen Haberrnas is presented.

MEMBROS DA BANCA:
Presidente - 1675264 - RICARDO TINOCO DE GOES
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - LEONARDO OLIVEIRA FREIRE - F.M.Nassau