The probationary period is a fundamental phase in the professional life of public servants. Provided for in the Federal Constitution and regulated by various sub-constitutional norms, it constitutes the initial three-year period of effective service in which the employee appointed to a permanent public position will be evaluated regarding their aptitude and capacity to perform the duties of the position. This is a crucial moment for assessing the compatibility between the employee and the public service, and is a mandatory step for acquiring tenure.

With the enactment of Decree No. 12.374, of January 20, 2025, the probationary period underwent significant changes, directly impacting the federal public administration and newly appointed civil servants. The new regulation, of federal scope, revoked previous provisions and updated the evaluation procedures, performance criteria, human resource management, and the role of the immediate supervisor in the probationary period monitoring process.

Next, we will address in depth the main innovations introduced by Decree 12.374/25, its legal and administrative implications, the impacts on civil servants, and the challenges for its practical implementation.

Expansion and detailing of the evaluation criteria. of the probationary period

One of the central changes brought about by Decree 12.374/25 concerns the reformulation of the evaluation criteria for civil servants on probation. Previously, the criteria were defined generically, such as attendance, discipline, initiative, productivity, and responsibility. The new decree maintained these five and added three new ones:

• Institutional commitment;
• Results-oriented;
• Ability to work in a team.

Furthermore, it established objective indicators and measurement scales for each criterion, with scores ranging from 1 to 5. This new model aims to provide greater legal certainty to the evaluation process, avoiding subjectivity and enabling the formation of a consistent record of the employee's performance over the three years.

Periodic semi-annual evaluation and mandatory reports.

Decree 12.374/25 established the mandatory requirement for semi-annual evaluations during the probationary period. Therefore, the employee will be evaluated on six separate occasions, in reports that must be prepared by the immediate supervisor and validated by the human resources management unit.

This system aims to strengthen the monitoring of functional performance, allowing supervisors to identify and correct any deficiencies in a timely manner. If an employee receives a score lower than 3 in two different criteria, in two consecutive evaluations, the administration will initiate a formal guidance process with a deadline for reassessment.

Greater prominence for immediate supervisors and HR.

Another important point is the strengthening of the role of the immediate supervisor, who now has direct and formal responsibility for preparing evaluation reports. Unjustified failure to fulfill this responsibility may lead to disciplinary action.

The administration tasked the Human Resources department with overseeing the entire evaluation process, providing support to supervisors, organizing evaluation records, and consolidating the data in computerized systems, which will be audited by the Comptroller General of the Union (CGU).

Resource forecast and adversarial process

In accordance with the principles of due process and the right to a full defense, the decree introduced the possibility of filing an administrative appeal against the evaluations. Any employee who disagrees with their grade may submit a reasoned appeal to the special evaluation committee, which will be composed of three members from outside the evaluated employee's unit of assignment.

This measure aims to ensure greater impartiality and legitimacy in the process, preventing potential persecution or abuse of authority.

New causes for interruption and restart of the probationary period.

Decree 12.374/25 also specified more clearly the circumstances under which the probationary period may be suspended and restarted. The calculation of time will be suspended due to:

• Leaves of absence exceeding 30 days;
• Participation in initial training courses with full-time dedication;
• Transfer to another agency before the end of the probationary period.

In these cases, the remaining period will resume upon the return to the effective performance of the duties of the position.

Automatic exclusion due to insufficient performance.

One of the most sensitive points of the new decree is the provision for automatic dismissal at the end of the probationary period, if the employee does not achieve a minimum average grade of 3 in each of the eight evaluation criteria.

This measure aims to make the selection process for permanent entry into public service more objective and effective. However, it has also generated concerns among public sector unions and professional associations, which point to risks of arbitrariness and undue pressure.

Impacts on stability and disciplinary regime

Under the new rules, a civil servant will only acquire job security after receiving final approval expressed in the conclusive report of the sixth evaluation. A civil servant who does not have an approved conclusive report will remain in a temporary position until their status is regularized or they are dismissed.

Furthermore, the decree stipulates that serious misconduct committed during the internship may lead to dismissal regardless of performance rating, through a simplified disciplinary administrative process.

Unified computerized system

The government created the Integrated Probationary Assessment System (SIAP), and all bodies of the Direct and Indirect Administration must feed data into it. The system will allow for real-time monitoring of assessments, resource management, and the issuance of analytical reports, and will be audited by the CGU (Comptroller General of the Union) and the TCU (Federal Court of Accounts).

Challenges for implementation of the probationary period

Despite being advanced in terms of performance management, Decree 12.374/25 imposes considerable challenges for public administration. This is especially true regarding the training of immediate supervisors, changes in institutional culture, and resistance from labor unions.

The public administration should invest in ongoing training, feedback mechanisms, and instruments to protect against unfair evaluations, in order to consolidate the new system as a tool for improving public management.

The closing thought

Decree 12.374/25 represents a milestone in the modernization of the evaluation of civil servants on probation. By adopting more objective criteria, providing for resources, systematizing information, and holding supervisors accountable, the regulation seeks to consolidate a fairer, more efficient system aligned with the principles of public administration.

It remains to be seen how public bodies will absorb these changes and whether they will bring the expected results in the selection and retention of civil servants committed to excellence in public service.