THE STABILITY IN PUBLIC SERVICE AS A GUARANTEE OF THE PRINCIPLE OF SUPREMACY OF PUBLIC INTEREST

Abstract

This article seeks to analyze, in light of the principle of the supremacy of the public interest over the private one, the institute of functional stability granted to public servants by the Federal Constitution of 1988. It is seen that the public administration must guide all its actions towards the inevitable need to promote collective interest, hence the possibility of sometimes acting in a position of superiority in the relationship with its administrators, characterizing the so-called state prerogatives. Based on a bibliographic review, an attempt is made to reach an argument capable of inserting stability as a real guarantee for the public administration to remain free from exogenous pressures that taint impersonality in dealing with public affairs and, consequently, hamper the achievement of functions administrative authorities.