Passing a public examination is the dream of thousands of Brazilians who see joining the Civil Service as a way of improving their living conditions.
However, the path to taking office can be permeated by a number of problems that require the services of a specialist lawyer if the candidate is to achieve the desired success.
From the moment a competition notice is published, the candidate must be aware of situations that can be challenged, administratively and/or judicially, in order to avoid future losses, for example: when there is a limitation on age, gender or height without provision in a specific law or unrelated to the duties of the position to be occupied, when the assessment of compliance with the age or education requirements will be made at the time of registration for the competition and not at the time of taking up the post, in the event that there is a requirement for a psychotechnical examination without provision in the law or without the establishment of objective assessment criteria, when there is a requirement for a physical fitness test (TAF) without provision in the law or without any relation of pertinence to the activities to be developed, among many others.
In addition, it is not uncommon for illegalities to be committed during the stages of the competition, such as when there are questions in the test that do not address a subject set out in the notice, when there is arbitrary elimination in the medical examination phase, abusive failure in the TAF, unfair scoring in the assessment of titles and practical experience and elimination of candidates who compete for racial quotas.
There are also scenarios after the competition has been ratified that require legal action to ensure that the candidate is appointed, such as when the competition’s validity period has expired and the administration has not appointed those approved within the number of vacancies, when those approved have been passed over for some reason or when better-ranked candidates withdraw and the number of vacant positions reaches the position of those on the reserve list.
There are countless situations that can lead to problems for a candidate in a public examination.
Therefore, consulting a specialist lawyer is indispensable in order to analyze the viability of the case and the appropriate means of achieving the dream of a public career.
