Temporary Civil Servant Hiring by the Municipality of Riachão do Dantas/SE: an Analysis Based on Administrative Improbity Actions Brought Before the State Court Between 2010 and 2022

Abstract

This paper analyzes, within the field of accountability for administrative improbity, how the Court of Justice of Sergipe, between 2010 and 2022, assessed the hiring of temporary servants by the managers of the Municipality of Riachão do Dantas. It examines how these actions brought before the State Court were formed and how the Court has positioned itself, and identifies possible effects of the changes promoted by Law n. 14.230/2021 on the cataloged cases and on the enforcement of judgments. The methodology involves studying the cases through public consultation of procedural data, testing hypotheses against the results of the analysis, organized by statistical and comparative methods. Across four sections, it presents the main considerations on the institutes of temporary contracts and administrative improbity and analyzes the data of the cases found. In the end, it confirms that the Court, at first and second instance, has mostly declared the irregular and improbable use of this constitutional exception to the public tender rule, with two sanctions prevailing: the civil fine and the prohibition from contracting with the government or receiving tax or credit benefits. Except for one case, in which a final judgment was suspended, and for the stay of some cases awaiting the Supreme Court, no other considerable practical effects of Law n. 14.230/2021 were found on the decisions or on the enforcement of judgments, which, more than twelve years after the first case, still await compliance.