TRF1 maintains in the UFG competition a pregnant woman who did not present a medical examination within the scheduled deadline

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A candidate for the position of substitute professor at the Federal University of Goiás (UFG) who was eliminated from the competition for not having submitted one of the required medical exams on the date stipulated in the notice guaranteed the right to continue in the selection process. The decision is from the 12th Panel of the Federal Regional Court of the 1st Region (TRF1) which confirmed the sentence of the Federal Court of the 9th Court of the Judiciary Section of Goiás (SJGO).

According to the process, the author, who was approved first in the public competition, was prevented from taking the Oncoparasitic Colpocytology (Pap) exam because she was pregnant.

In the 1st instance, the 9th Court, in addition to guaranteeing the candidate’s right to continue in the competition, also granted a period of 90 days after giving birth to submit the aforementioned exam at UFG.

When analyzing the case, the rapporteur, federal judge Rosana Noya Kaufmann, highlighted that, “in view of the principle of reasonableness, the sentence that ensured the Petitioner’s permanence in the Public Selection deserves maintenance despite the impossibility of carrying out a certain medical examination required by the Administration for being pregnant, except for the need to present the COP exam report after the birth. The proposed solution also observes the principle of human dignity and protects the Administration”.

The federal judge also highlighted that the Federal Supreme Court (STF), in the judgment of RE 1058333, established the thesis that it is constitutional to reschedule the physical fitness test of a candidate who is pregnant at the time of the test, regardless of the forecast. expressed in the public tender notice. Source: TRF1

Process: 1020431-14.2021.4.01.3500