The reservation register in public tenders: limits and hypotheses

Abstract

The civil service exam is one of the mechanisms most used by the brazilian Public Administration as a way of selecting candidates to fill public positions. Annually, thousands of people submit to public competitions in search of approval and, consequently, entry into the public career. According to art. 37, II of CF/88, the civil service exam is carried out through the application of tests or tests and titles, depending on the nature and complexity of the position or public job. The functional logic of this mechanism is based on the candidate's merit and on the idea of the Administration's impersonality towards those administered. In the last decades, the institute called reserve register was created, which allows the Administration to carry out civil service exams for the formation of waiting lists that are intended to fill future vacancies, based on the verification of the need by the public entity that carried out the contest. The formation of reserve records, however, is a subject that presents several legal uncertainties in relation to the rights of candidates and also the correct procedure to be adopted by the Public Administration.