Antinomia constitucional: conflito entre o direito a estabilidade do servidor público e a exoneração para cumprimento do limite legal de despesa de pessoal

Abstract

The purpose of this article is to analyze the conflict of constitutional norms regarding the stability of the effective public servant, analyzing the objective of the right to stability and the possibility of discharged due to the containment of expenses with personnel expenses to comply with the liability law. The analysis focuses on two colliding principles, the principle of stability and the principle of public management. The case can be solve from the use of weighting the proportionality of the measures adopted to achieve the desired objective, which represents an antinomy solution technique between principles