Candidates admitted outside the vacant positions provided for in the notice will be able to take legal action only during the validity period of the competition
BRASÍLIA – The Federal Supreme Court (STF) ruled, on Thursday 2nd, that candidates admitted to a public competition outside the vacancies provided for in the notice can only act in court during the period of validity of the competition. In 2020, the STF reformed a decision of the Court of Justice of Rio Grande do Sul (TJ-RS) that had established the appointment of an approved candidate in a competition to become a teacher in the public education system.
The decision applies to cases of candidates registered on the reserve list who turned to the court to obtain the right to appointment on the accusation of having been bypassed in the tender compared to others approved.
The Supreme Court’s proposal was to establish a general repercussion theory to guide the resolution of similar cases. The agreement should be applied to all similar trials underway in the country.
In the case under analysis, a candidate had been admitted to the teaching position in a competition announced in 2005. At the time, once the competition had expired, she had declared herself passed over and had taken legal action to obtain the job. In your opinion, the fact of having been admitted, in 2008, with a fixed-term contract indicates the existence of vacancies and, having already passed the public competition, you should be appointed to occupy one of the positions provided for in the notice.
The TJ-RS deemed it possible to lodge the appeal even after the validity of the competition had expired and determined the appointment of the author of the provision to the position of teacher of the discipline of Physical and Biological Sciences in the elementary school of the municipality of Gravataí. In the appeal, the regional government stated that the existence of temporary vacancies cannot be understood as a rejection of candidates.
Source: Terra
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