Inconstitucionalidade da PEC 471/2005: a impossibilidade de tornar titulares os substitutos e responsáveis por cartórios já em atividade antes da lei no. 8.935/1994

Abstract

This work aims to approach and analyze questions and debates related to the theme of the Proposed Constitutional Amendment n. 471/2005, regarding its unconstitutionality or not, as well as the impact that this PCE may have on society if it is approved. It aims to present reflections of legal practitioners and opinions of authors on the subject, in addition to verifying the justifications of the project and clarifying the articles of the Federal Constitution and Federal Law no. 8,935/1994 that guarantee the public tender as the only way to assume a usefulness. In view of the main purpose of PEC 471 to carry out the execution of the current interim and substitutes who took on some extrajudicial service without public tender, this research concludes that such a proposal goes directly against the basic principles of Public Administration, in this way, there are no doubts. about its complete infeasibility for the current Brazilian legal system, being, therefore, unconstitutional.