A natureza do vínculo jurídico dos trabalhadores dos conselhos de fiscalização do exercício profissional

Abstract

From the preliminary injunction in ADI n. 2,135/DF, where it was partially granted to suspend the validity of the caput of art. 39 of the Federal Constitution, with the wording attributed by EC n. 19/98, for the direct, autarchic and foundational public administration, the obligation to adopt a single legal regime for the occupation of their jobs was maintained. Therefore, the Public Ministry, Trade Unions, and professionals working on the Supervisory Councils of the Professional Exercise, filed a lawsuit with the request that the link of these before the Professional Councils in which they work was recognized as statutory, observed the law no. 8.112 / 90 and not as celetistas.Objetivo: This fact raised the idea of investigating in depth such situation, since on the other hand there are strong arguments that the Supervisory Councils of Professional Exercise are as some authors define them "Autarchies sui generis" , And although they perform public services of a typically state nature, such as the power to regulate, regulate, discipline and police, these entities are not confused with the Municipalities proper and that makes reference to Law no. 8,112 / 90. Method: For the development of this work we used the bibliographic research, and in the development of the research we still use the historical procedure method. Therefore, with these methods proposed above, we have achieved the purpose of this academic research work, producing a result with sufficient resources so that the reader can understand the problem in a concise and simple way. Conclusion: The presentations of this work are based on the application of the scheme, as regards the hiring of the employees of the Supervisory Boards of the Professional Exercise, but provided that, under the terms of Article 37, item II of the Federal Constitution, observe the requirement of Public Tender , Is still the best for the characteristics of the local authority, until decisions that oblige them to adopt a statutory regime are accompanied by specific legislation on the matter, otherwise judgments are innocuous, inapplicable and generate more problems as regards Professional Councils, which are municipal entities whose status despite the delegation of services, still keeps the margin, without due attention.