2024-09-03 12:41:03
Exposure/UFBA
The competition notice provided for the priority of vacancies for quota holders
after questioning Federal Court
by a white candidate, a black doctor approved by the UFBA (Federal University of Bahia)
for the position of professor of otorhinolaryngology
his appointment was prevented by injunction. The Court accepted the action that questioned the use of a quota as a selection criterion and allocated the vacancy to the professional who filed the application and obtained a higher score.
Lorena Pinheiro
39 years old, registered as a self-declared black candidate and her placement was approved on 13 August. In a note to UOL, UFBA said that the university complied with the court order, “appointing, provisionally, the candidate Carolina Cincurá Barreto, the plaintiff in the action”.
The judge in the case, Arali Maciel Duarte, as 1st Federal Civil Court of Bahia
determined the change in the selection criteria and prevented a shareholder from being appointed for a vacancy. According to the previously published competition notice, in cases where there is only one vacancy, the quota criteria will be the first choice.
Within the case
The notice of UFBA competition
in December 2023 and 30 vacancies were made available for teachers in various fields, including otorhinolaryngology. In the request for action, Carolina states that her final grade was 9.40, higher than Lorena’s grade, who scored 7.67, fourth grade overall.
As there was only one vacancy for otorhinolaryngology, the defense claimed that there could not be a quota and that the system only provides for this criterion when there are “several vacancies [a partir de três] able to support the implementation of those percentages.”
The defense questions the validity of the selection notice, which “did not specify which vacancies would be reserved for black candidates”. It is worth remembering that the 2014 Quota Law provides for a minimum reserve of 20% of vacancies for black people and 5% for people with disabilities.
According to consultation with UOL, the competition notice explains in paragraph 7.6 that candidates with disabilities and black people “will occupy the first vacancy respectively, even if this is the only vacancy respectively and their classifications do not guarantee the first job for them, as long as they are. approved”.
The judge in the case accepted the arguments of the doctor Carolina and, on June 13, she decided her appointment, claiming that the rule in the notice ends up allocating 100% of the vacancies to quota candidates, “in violation of the right of those who submitted on the quota. competition and gained higher grades”.
The judge also said that the quotas, “from any point of view, cannot replace the structural and genetic basis of the Law Institute, which is highly meritorious” and that the way in which the announcement was made “takes away from the successful candidate with him. to obtain approval in the first place in the selection process the right to occupy the only vacancy open for the desired position, regardless of their acquired right”.
UFBA promises to appeal
UFBA is now preparing the process to file an appeal, since, according to the university, the judge’s decision was made “not to summon the university to comment.” Lorena has already joined the process by association (when more people join one side of the activity).
The institute explained that it accepts the Quota Law in its competitions according to the total number of vacancies provided for in the announcement and without applying “any division on specialties or fields”.
Until 2018, UFBA applied the quota only in areas with three or more vacancies. However, according to the university, as teaching vacancies are generally less than three, the implementation of the law is not viable, which has prevented the implementation of the positive inclusion policy, in practice .
Under the current rule, the self-declared black or disabled candidate who best ranks in their field of knowledge is called upon to confirm their condition and occupy the vacancy “even if it is unique and their order in the classification them. the first overall position”.
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