The Court of Justice of the Federal District and Territories (TJDFT) guaranteed the reservation of a vacancy and appointment of a public competition candidate who missed the deadline for taking office. According to the process, the loss occurred due to the extensive time lag between the announcement of the final result and the nomination.
Also according to the document, the author was approved in the public competition for careers in teaching and education assistance. However, given the lapse of four years between the final result of the contest and her appointment, she missed the deadline for taking office and had her appointment rendered null and void. In this sense, she states that the call by notice violates the principles of reasonableness and publicity.
The Federal District claims that it sent an email to the author’s email address. The DF Court, in turn, explains that, although the legislation does not provide for the mandatory personal summons of the candidate, in the case under analysis, considering the extensive period of time between the approval and the summons, “it is imperative to summon candidate’s personnel.”
Furthermore, the Panel highlights that it is not possible to state that, at the time, the candidate was personally notified about her appointment and that the email sent was not received and read. Thus, for the judging body, “if the nominated candidate is not unequivocally proven in the records, it is necessary to restore her right to be called again to take office in the approved position”, he concluded.
