摘要：The present study is developed in a technical and pragmatic way from art. 98, Paragraph 3 of Law No. 8,112/90 interpreted before the constitutional principles of morality and efficiency and develops from the positive hypothesis posed before possible inquiries about the mitigation of said right by the Joint Technical Note 113 of the Ministry of Planning, Development and Management investigating whether the necessary proof by the public servant of the legal requirements for the enjoyment of the right at issueoccurs strictly or if there is a regulatory exception that imposes ethical application of the legal norm aiming at greater efficiency in the provision of the public servisse, as well as the impact on the adoption of such measure before the Judiciary.
