Os impactos do artigo 8°, inciso ix, da lei complementar n° 173/2020: servidores públicos da educação no banco dos réus

Abstract

Constitutional Amendment No. 53, of December 19, 2006, originally provided, in article 1 (art.206, V), the existence and guarantee of a career plan for school professionals in public networks. With the Covid-19 pandemic explosion, the Legislative Branch needed to establish a Federal Program to Combat the Coronavirus SARS-CoV-2 (Covid-19). Among the innovations brought, Complementary Law No. 173, of May 27, 2020, was instituted, which brought restrictions to public servants of all Entities. This work seeks to discuss the effects of article 8, item IX, of Complementary Law 173/2020 on the rights of public education employees and their constitutionality, as well as analyzing how the Legislature and the Judiciary have established their understanding on this theme. To do so, we consult legislation and review existing literature. As this is a contemporary issue, there is still no consolidated jurisprudence, which does not affect the discussion proposed here.