A ANÁLISE DA EVENTUAL INCONSTITUCIONALIDADE NA CRIAÇÃO DE CARGOS DE PROVIMENTO EM COMISSÃO, MEDIANTE A EDIÇÃO DE LEIS E MEDIDAS PROVISÓRIAS, SEM A DESCRIÇÃO DO ROL DE ATRIBUIÇÕES.

Abstract

The work expresses the proposal to present the possible unconstitutionality in the creation of provision of commissioned positions in the State of Tocantins, through laws and provisional measures without to list the role assignments, outwitting, in theory, art. 37, caput and its items II and V of the Constitution of the Federative Republic of Brazil / 1988, symmetrically reproduced in art. 9, II and V of the State Constitution. The survey did not exhaust all the vicissitudes resulting from the modus operandi demonstrated and used in the creation of provision of commissioned positions, but will have the main impact of this practice, embodied in the fraud, in theory, the constitutional principle of mandatory public tender. For this, we start from the concept of public office, through the legislative process appropriate to achieve the model presented by Magna Carta. After, we will mention the examples of case series tocantinense laws, as well as the legal basis of any formal unconstitutionality and material. Finally, we conclude how critical the form used, pointing the appropriate mechanism for creating public positions that ilk. The methodology is the use of bibliographic and legislative framework research, as well as through jurisprudential research on the topic.