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The Board rejected an appeal from a candidate on the waiting list seeking a place in Medicine at UFMA.

From the Editor

 

Unanimously, the 11th class of the TRF of the 1st region rejected an appeal from a candidate from the Medicine course at UFMA - Federal University of  MA and maintained the understanding that Universities have autonomy to manage the availability of their places.

 

In this case, the candidate applied for the vacancy through - Unified Selection System  in the category of quotas for black or mixed race people. She was in 5th place on the waiting list, but was not invited to fill one of the remaining vacancies, since the selection process notice provided for a maximum of two calls for pre-registration.

 

After filing a lawsuit and having her request denied in the first instance, the college student appealed.

 

 

UFMA is not obliged to make more calls for the entrance exam than those foreseen in the notice. (Image: Lucio Silva/AGUFMA)

Notice makes law

 

In court, Federal Judge Rafael Paulo, rapporteur of the case, emphasized that the jurisprudence is clear when stating that "the notice establishes law between the parties and obliges both the Administration and the candidates to strictly comply with it ".

 

He also highlighted that the didactic-scientific autonomy of Universities is constitutionally protected, allowing them to decide on the allocation of unoccupied places in future selections or calling other candidates from the list.

 

Thus, the collegiate reiterated that the Judiciary should not interfere in university autonomy to manage its vacancies, as established by the CF.

 

Process : 1030569-51.2023.4.01.3700  

Information: TRF of the 1st region.

 

 link: https://www.migalhas.com.br/quentes/408450/trf-1-universidades-podem-gerir-livremente-vagas-nao-preenchidas