The sword of Damocles and the performance of PGM-RJ:Outsourcing in public administration as a right to have rights?

Abstract

In the present work, the feasibility of implementing fundamental rights within the municipality of Rio de Janeiro was investigated, related to the practice of outsourcing services, based on the actions of the prosecutor's office of the municipality of Rio de Janeiro, in which considerations were made about the prevalence the fundamental principle of the dignity of the human person, the social value of work and the supremacy of the public interest over the private. To this end, we used the doctrine of Robert Alexy's theory of principles and fundamental rights, as well as local and national research. The conclusion was reached that outsourcing in the municipal Public Administration of Rio de Janeiro is to guarantee the right to have fundamental rights, of workers and those managed, because it masterfully complies with constitutional principles and values, which privilege the supremacy of the public interest, the value social work and the dignity of the human person and grants the opportunity to realize fundamental rights, since it allows ''the Right to have Rights'' and that the uncomfortable position of the public manager, exemplified by the Greek legend of Damocles, is alleviated or extinguished due to the proactive action of PGM-RJ, which does not happen with PGM-SP.