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To identify current trends in human capital management in the state sector through new public management, the qualitative paradigm approach of this study is based on phenomenology as a way of investigating, with the rigor of science, therefore that a non- experimental, documentary, transectional research was structured in the ex post facto type, which is used to describe, differentiate or examine associations, instead of looking for direct relationships between variables, groups or situations. Among the results explored within the framework of the Constitution, the discretionary changes made by the Executive were presented in a comparative manner, regarding the disposition of public servants for positions related to the State and the public service, in accordance with the modifications ranging from the Constitution of 1904 to that of 1972. It is concluded that, although at the level of public organizations there are regulatory frameworks that indicate human capital management procedures, in practice they are not considered by those responsible for the institutions.
