Propuestas tendientes a evitar la proliferación de contratos de empleo público irregulares

Abstract

The main objective of the present article is to conclude that is necessary to pass a law which expressly discourages the officials to hire staff for a determined period of time to conceal a permanent position, in order to repel what is called a “deviation of power”, according to the “Ramos” judgement expressed by the National Supreme Court of Justice. The different legal figures by which the State hires staff for a permanent position, are used not to the specific purpose of the standard itself, but to carry out tasks of the agency itself. Throughout this article, it is proposed to analyze the legal framework applicable to the fixed term contracts, then focus on the different responses of the state, by the pronunciation of the Judicial and Legislative Power. Finally, we outline proposals tending to avoid the mentioned fraudulent practice.