‎Brazil News

 

 

Rapporteur, judge Ana Carolina Roman highlighted that the author's higher education is more than sufficient to meet the requirements of the notice.

From the Editors

 

Sunday, September 29, 2024

 

Updated at 18:12

 

A candidate for temporary military service in the FAB - Brazilian Air Force, for the administration specialty, was successful in securing her right to continue in the selection process. The decision, issued by the 12th panel of the TRF of the 1st region, confirmed the previous ruling of the 13th Court of the Judicial Section of Bahia, which had determined the candidate's reinstatement in the selection process.

 

The plaintiff had initially been excluded from the selection process on the grounds that she did not have a technical course in Administration, as stated as a requirement in the competition notice. However, the candidate demonstrably had higher academic training than required, having presented a degree in Administration.

 

Candidates with higher academic qualifications than those specified in the public competition notice must continue in the competition.

Federal Judge Ana Carolina Roman, the rapporteur of the case, justified the panel's decision by stating that " excluding the author from the competition because she presented a degree in administration, instead of a certificate of a technical course in Administration, is illegal, since she has academic qualifications in the area for which she applied that are higher than those required .

 

Furthermore, the judge highlighted that the appointment of the author to the position, even though she had a higher education degree, would not change her degree, since her functional exercise would be linked to the hierarchical level occupied.

 

The unanimous decision of the 12th panel of the TRF of the 1st region represents an important precedent for similar cases, reinforcing the understanding that possession of professional qualifications superior to those required in the notice cannot be a reason for excluding candidates in selection processes.

 

Case : 1003509-18.2018.4.01.3300

Check the ruling here .

 

Reminder: Comments do not represent the opinion ; the responsibility lies with the author of the message.

 

 

Contest

TRF-1: Obese candidate must be reinstated in FAB selection process

The Board concluded that due to the duties of the position, obesity would not represent an impediment.

From the Editors

 

Thursday, July 18, 2024

 

Updated at 17:01

 

The 11th group of the TRF of the 1st region determined that a candidate with a BMI - Body Mass Index greater than 30 be reinstated in the FAB - Brazilian Air Force selection process in the teaching area.

 

The candidate was approved in first place in the first two stages, but was disqualified in the third phase (Health Inspection - INSPSAU) due to a BMI greater than 30.

 

After requesting a new health inspection, the teacher was again considered unfit for the purpose for which she is intended, with a diagnosis of unspecified obesity.

 

 

TRF-1: Obese candidate must be reinstated in FAB selection process. 

Federal Judge Rafael Paulo Soares, the rapporteur of the case, emphasized that, although it is the prerogative of the Public Administration to define the clinical conditions for public office, it is necessary to observe the principles of reasonableness, which did not occur in this case. He argued that being overweight, in itself, does not prove a lack of physical fitness to perform the functions of the position.

 

It can be seen that being overweight, analyzed in isolation, does not prove a lack of physical health to perform one's duties , he added.

 

The judge also highlighted that, due to the duties of the position, obesity would not represent an impediment. In addition, the candidate would still be subjected to a physical fitness assessment test, where her resistance and physical vigor would be assessed to confirm her aptitude for the physical demands of the course or internship.

 

Therefore, he voted to deny the Union's appeal, ensuring the candidate's participation in the later stages of the competition.

 

The collegiate, unanimously, followed the understanding.

 

Case : 1043977-91.2023.4.01.3900

 

link: https://www.migalhas.com.br/quentes/411555/trf-1-candidata-obesa-deve-ser-reinserida-em-processo-seletivo-da-fab