Decreto-Lei n.º 237/96, de 13 de Dezembro de 1996
Decreto-Lei n.º 237/96 de 13 de Dezembro O regime estatutário do pessoal civil dos serviços departamentais das Forças Armadas tem vindo a conhecer sucessivas aproximações ao regime jurídico aplicável aos funcionários e agentes da administração central.
Estas sucessivas aproximações de regimes, consignadas legalmente, justificam-se plenamente pela inegável identidade das funções desempenhadas no âmbito da prossecução do mesmo interesse público, não se tornando razoável a manutenção de diferenciações, designadamente as que possam pôr em causa a matéria da classificação de serviço.
Os mecanismos de mobilidade da prestação de serviço público determinam o direito à total integração deste pessoal nos vários departamentos da Administração Pública, situação que se deve traduzir numa verdadeira posição de igualdade perante os restantes funcionários e agentes, não fazendo sentido a aplicação de diferentes critérios no momento da avaliação do respectivo desempenho.
O Decreto-Lei n.º 264/89, de 18 de Agosto, que procedeu à integração dos regimes, manteve, contudo, um regime de carácter especial sobre a classificação de serviço, consubstanciado no Decreto Regulamentar n.º 57-A/81, de 29 de Dezembro.
Com a finalidade de consagrar a total e efectiva igualdade de regimes e, consequentemente, de direitos entre o pessoal civil dos serviços departamentais das Forças Armadas e os restantes funcionários e agentes da Administração Pública, verifica-se a necessidade de revogar o diploma regulador da classificação de serviço, em vigor desde 1981, e, paralelamente, determinar a aplicação do regime jurídico aplicável aos funcionários e agentes da administração central.
Foram ouvidas as estruturas representativas dos...
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