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Plenary decides that it is constitutional quarantine for re-employment of temporary servers

Wednesday, June 14, 2017

"It is compatible with the Federal Constitution the legal provision that requires the passage of 24 months, counted from the end of the contract, before new admission of temporary teacher previously hired." That was the thesis of general repercussion established by the Plenary of the Brazilian  Federal Supreme Court (STF) in providing Extraordinary Appeal (RE) 635648, In which "quarantine" of 24 months was questioned, provided for in Law 8.745/1993, for the rehiring of temporary servants within the scope of federal public administration. The unanimous decision was taken at this Wednesday's session (14).

The RE refers to the application of the constitutional rules relating to the public tender to the simplified contracting hypotheses, carried out based on article 37, item IX, of the Federal Constitution of 1988. This provision provides that the law will establish cases of hiring for a fixed period to meet a temporary need of exceptional public interest.

Read more: Plenário decide que é constitucional quarentena para recontratação de servidores temporários

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