Decreto-Lei n.º 295/77, de 20 de Julho de 1977
Decreto-Lei n.º 295/77 de 20 de Julho O Decreto-Lei n.º 835/76, de 26 de Novembro, veio permitir, verificados certos índices de competência profissional, que os conservadores e notários providos interinamente fossem integrados nos respectivos quadros, com dispensa de concurso de habilitação. Estabeleceu ainda, no artigo 2.º, os termos em que se efectuaria a sua nomeaçãodefinitiva.
Sem prejuízo da manutenção dos princípios ali adoptados, que visaram obviar a não realização de concursos durante dilatado período e garantir a estabilidade do emprego a funcionários de reconhecida aptidão, o referido artigo 2.º, cuja aplicação está iminente, revela-se carecido de reformulação, pelas dúvidas de interpretação que origina e ainda por levar longe de mais a garantia de colocação dos interinos.
Com efeito, na sua redacção actual, além de ser pouco clara a forma de nomeação dos interinos em lugares que tenham titular e de ser omisso quanto à nomeação de interinos que ocupam lugares de 1.' classe, o mencionado artigo 2.º retira do concurso, sem razão aparente, lugares que os interinos ocupam, em manifesto detrimento de pessoal dos quadros com legítima expectativa de transferência.
Assim, e continuando a ser reconhecido aos interinos o direito a lugar compatível, desbloqueia-se o concurso aos lugares que actualmente preenchem, concedendo-se-lhes, no entanto, preferência absoluta sobre todos os candidatos a primeira nomeação para provimento efectivo dos lugares em que estejam a exercer funções. Apenas a inércia dos interinos, abstendo-se de concorrer, os fará suportar a eventualidade da sua não efectivação ou exoneração.
Aproveita-se ainda para aperfeiçoar a redacção do artigo 4.º do citado decreto-lei.
Pelo exposto: O Governo decreta, nos termos da alínea a) do n.º 1 do artigo...
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