Stipulating the number of vacancies to be filled and the criteria for choosing candidates in public competitions is the prerogative of the public manager. This does not, however, preclude the examination of the illegality of these acts by the Judiciary.
Process suspended by TJ-AL predicted less than 5% of vacancies for PwD
This was the basis adopted by judge Fábio Ferrario, of the Court of Justice of Alagoas, to grant an appeal, with a request for suspensive effect, from the state Public Ministry against the decision that denied the suspension of the simplified selection process for hiring of temporary teachers from the state education network.
In the appeal, MP-AL stated that the state government published a notice that provided for the reservation of 5% of total vacancies for people with disabilities. However, in a change in the notice, there was a significant reduction in vacancies for PwD, totaling just 2.4% of vacancies.
The MP-AL argued that the measure violates state laws that regulate the legal regime of civil servants and regulate the temporary hiring process, in addition to Federal Decree 9,508/18, which establishes the reservation of 5% of vacancies for PwD in competitions and processes selective programs promoted by direct or indirect federal public administration.
According to the MP, this decree would be applied in this case because of article 14 of state Law 7,966/18, which determines the application of federal legislation in fixed-term hiring in cases of regulatory omission.
Constitutional prediction
When analyzing the appeal, the judge highlighted that the reservation of places for people with disabilities in public administration competitions and selection processes is constitutionally foreseen. He also pointed out that Federal Decree 9,508/18 is clear about the need to reserve 5% of vacancies for PwD.
Finally, the judge understood that the state government violated both state and federal legislation by reducing the vacancies reserved for PwD. “And, what’s more, given this conduct, it also failed to observe the entire inclusive constitutional framework that materializes, ultimately, in these norms. Therefore, he offended fundamental rights, adopting a position that, in concrete terms, results in a reduction in the protection that should be given to people with disabilities and the materialization, from there, of the principle of equality in its material aspect.”
The judge ordered the immediate suspension of the selection process for hiring temporary teachers, the change of the notice and the reopening of applications for people with disabilities.
Click here to read the decision
Process 9000060-46.2024.8.02.0000
