Concursos Públicos - Lei 8112 art. 12 e CF art 37 - Aula 197 - Regime Jurídico Único - Prof Tanaka

Understanding Public Competitions in Brazil

Overview of Public Competitions

• The discussion begins with an introduction to public competitions, emphasizing their importance for students aiming to secure public sector jobs.

• The Brazilian Federal Constitution mandates that the appointment to public positions requires prior approval through a public competition, eliminating nepotism in hiring practices.

Types of Public Competitions

• Public competitions can consist of exams or a combination of exams and titles (academic qualifications), where candidates present diplomas and other credentials.

• Candidates with higher academic qualifications, such as master's or doctoral degrees, earn more points in the selection process, particularly for teaching positions.

Examination Complexity

• The complexity of the examination is proportional to the nature of the position; higher-level roles like auditor require more challenging tests compared to lower-level positions.

• Legal provisions dictate that examinations must align with established laws regarding their structure and requirements.

Validity and Duration of Competitions

• The validity period for a public competition is up to two years, which can be extended once for an equal duration. This allows flexibility depending on specific circumstances.

• If a competition has a shorter validity (e.g., 10 months), it can still be extended by that same duration if necessary.

Priority in Hiring from Previous Competitions

• Article 37 states that candidates approved in previous competitions have priority over new applicants when filling vacancies during the non-renewable period specified in the announcement.

• This means if there are qualified candidates from earlier competitions, they must be considered first before new selections are made.

Regulations on New Competitions

• The constitutional requirement specifies that no new competition will be opened while there are still eligible candidates from previous ones awaiting appointments.

• Positions filled through these competitions pertain only to effective roles; commission-based roles operate under different rules allowing free appointment and dismissal by authorities.

Understanding the Rules of Public Competitions

Priority for Candidates with Previous Approval

• Candidates who have been approved in previous competitions with valid timeframes have priority over new applicants, as per the regulations outlined in law 8112.

• New competitions cannot be opened while there are still approved candidates unless all have been called and exhausted. If there are still approved candidates, a new competition is prohibited.

Legal Framework for Persons with Disabilities

• Law 8112 establishes that a percentage of public positions must be reserved for persons with disabilities, defining both the reservation criteria and admission processes.

• When taking a public exam, it is important to note that a specific number of vacancies will be allocated for candidates with disabilities.

Rights and Compatibility in Public Service

• The Federal Constitution guarantees individuals with disabilities the right to register for public competitions, provided their job responsibilities align with their capabilities.

• Job roles must be compatible with the nature of the disability; for instance, police duties may not suit certain physical limitations due to required activities like chasing suspects.

Reservation Percentages and Regulations

• Up to 20% of available positions in public competitions can be reserved specifically for candidates with disabilities. This percentage is crucial knowledge for prospective applicants.

• According to Article 5 of the legal framework governing civil servants, individuals with disabilities are entitled to apply for positions where their abilities match job requirements.

Community Engagement and Resources

• Viewers are encouraged to engage by liking videos and sharing information about free quality courses on administrative law available on platforms like YouTube.