Stability in the public service: privilege or guarantee to the public service itself? Between the right to good public administration and the prohibition against social regression

The fundamental right to good public administration has gained significant recognition in much of the national doctrine, as a requirement of citizenship and the implementation of the principles of administrative legal regime. In this work, which uses an exploratory and qualitative methodology, it is argued that the fundamental right to good administration also requires special prerogatives to be granted to civil servants to act independently and freely, among which stands out. stability, which returns to prominence in the political and legal scene of the country through the PLS 116/2017-Complementary, which proposes to regulate the dismissal for insufficient performance. Necessary for the continuity and efficiency of public services, which are fundamental to good administration, the stability of civil servants has been mitigated since the Administrative Reform operated by Constitutional Amendment 19/98, but the principle of prohibition of social regression should prevent this important achievement, vital to the public service, is further weakened, including by conducting periodic performance assessments that are misused.