El acceso igualitario a la función públicaanálisis del derecho español y brasileño

  1. Fábio Lins de Lessa Carvalho
Supervised by:
  1. María Ángeles González Bustos Director

Defence university: Universidad de Salamanca

Fecha de defensa: 12 November 2010

  1. Tomás Quintana López Chair
  2. Marcos M. Fernando Pablo Secretary
  3. Dionisio Fernández de Gatta Sánchez Committee member
  4. Susana Rodríguez Escanciano Committee member
  5. Severiano Fernández Ramos Committee member

Type: Thesis


The purpose of the research lies in the impact of equal access to public service in the context of the current Spanish and Brazilian rights. Following the decision about the object of work, there has been the need for demarcation of the study. In this regard, research has been reduced to equal access to public through an open selection processes and places worthy for civil servants, conducted under the general rules in Spain and Brazil. We have started the investigation of a multidisciplinary and comparative analysis of the topic. Regarding the multidisciplinarity, the development of the thesis has been concerned with the historical contributions, sociological, political, administrative and legal, as the understanding of the complexities of the environment that characterized the activity selected from each state requires the contribution Data from the following disciplines. The contribution history can be seen in the study of the evolution of forms of access to the public, especially through the analysis of models of public administration. Regarding the contribution of sociological studies include examining the relationship between access to public service merit and prevention of corruption. In turn, as an example of policy contribution to the thesis, can be cited the study of participatory democracy, in which access to the public is included as a form of citizen participation in administrative activity. It should also be noted that in the course of work, criticisms have been made to certain conceptions of selective models used in Spain and Brazil, at which have been suggested changes in the way of making the selection in a more efficient administrative activity. Despite the importance of such studies for the construction of the thesis, its biggest challenge has resided in the legal analysis of positive law, doctrine and jurisprudence of Spain and Brazil. So, you get to the second feature of the methodology of this study: comparative analysis. If the study of one of those legal systems and would bring difficulties, these are potentially embedded in comparative research on both. In the natural hazards of the study of two legal systems, you can add the fact that one of them was already known (Brazilian), while the other, at first, was a mystery (Spanish). From the outset, it seemed that despite the different degrees of legislative developments in each country, and historical circumstances, economic policies and social reality peculiar to each, the exchange of experiences between two legal systems can be a valuable tool for there is the realization of the maximum possible effects of equal access to public service. In this context, it has failed to demonstrate the many potential contributions of case law and legislation Spanish Brazilian law, as administrative and research experience in Brazil to Spanish law