A inaplicabilidade do tema 1157 do STF aos agentes de saúde do município de natal que ingressaram no serviço público sem concurso público

Abstract

The objective of this work is to make a distinction regarding the category of health agents in the Municipality of Natal who entered the service through a selection process. The provisions of STF Theme 1157 cannot be applied to them, as this theme pertains only to situations involving public servants who were admitted without a public exam prior to the promulgation of the Federal Constitution of 1988. Furthermore, there is also the specificity of the category, which has its own legislation, regulated by Constitutional Amendment No. 51/2006. This amendment changed Article 198 of the Federal Constitution to allow for the hiring of community health agents and epidemic combat agents through a public selection process. It establishes that professionals who, on the date of the promulgation of this amendment, and for any reason, performed the activities of community health agents or epidemic combat agents, as provided by law, are exempt from the public selection process referred to in § 4 of Article 198 of the Federal Constitution, provided they were hired following a prior public selection process conducted by entities of direct or indirect administration of the State, Federal District, or Municipality, or by other institutions under the effective supervision and authorization of the direct administration of the federation entities.