The constitutionalization of public employment in the United States of America

Abstract

In the current context of economic crisis, reforms of varying depth have been raised in our legal system, intensely affecting the Public Administration, and generating, consecutively, a debate on the scope and contents of the public employment. In this context, a study of comparative law becomes interesting to facilitate the articulation of solutions or to work as reference for the proposals de lege ferenda, in the attempt to create a coherent system with the state powers, and with all due respect for the constitutional guarantees.

To that end, we have chosen the United States of America system as a reference, since this country has a decentralized structure, with a relevant volume of public employment of the total workforce. This study discusses the labor relation of the public employment in the United States from the applicability of the constitutional guarantees to the public servants perspective. In particular, I address the jurisprudential and legal evolution about the virtuality of the «Bill of Rights» in the working relationships within the Administration.