Portuguese 
Márcio Almeida, de 30 anos, natural de Campo Grande, passou no concurso de juiz leigo do TJSC pela vaga de pessoa com deficiência. Autista, ele foi considerado inapto pela Junta Médica, mesmo com laudos médicos favoráveis. A Justiça de primeira instância reservou a vaga, e o caso chegou ao STF
Márcio Almeida, 30, from Campo Grande, passed the public examination for lay judge at the Santa Catarina State Court (TJSC), designed for people with disabilities, but was deemed ineligible. He has Autism Spectrum Disorder (ASD).
The case was reported by g1 MS on September 17, 2026, based on an interview with the candidate and documents he presented.
Candidato foi habilitado na vaga para pessoas com deficiência
Márcio competed for a position reserved for people with disabilities (PwD) and was initially found eligible during the TJSC selection process.
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According to the candidate, his status as a person with a disability was recognized by the court during the initial stages of the selection.
Edital prevê que a função de juiz leigo é 100% remota
The public notice states that the lay judge position is performed entirely remotely.
This detail is central to the discussion, as one of the adaptations suggested in the medical reports is precisely the possibility of remote work.
Psiquiatra credenciada pelo TJSC concluiu que ele estava apto
During the selection process, Márcio underwent evaluation by a psychiatrist accredited by the TJSC, who assessed the job requirements.
“She specifically evaluated the job responsibilities and concluded that I was fit to serve as a lay judge,” reported the candidate.
Avaliação confirmou TEA sem deficiência intelectual
Documents provided by Márcio show that one of the specialized psychiatric evaluations confirmed the diagnosis of ASD without intellectual disability.
The report indicates mild or absent functional language impairment, classified in the ICD-11 under the code 6A02.0.
Perícia apontou plena capacidade psíquica e cognitiva
A new expert report, conducted by a professional accredited by the TJSC, specifically evaluated the candidate’s ability to perform the job activities.
The conclusion was of full mental and cognitive capacity, with no limitations that would hinder the consensual resolution of conflicts, a core activity for lay judges.
Laudo recomendou sala individual e psicoterapia semanal
The same document recommended adjustments in the work environment and organization. Among these, an individual room with reduced noise stimuli and temperature adjustment, or the alternative of remote work.
Other suggestions included the preferential handling of demands through electronic means and authorization for weekly psychotherapy.
Reports Disregarded Bias in Reasoning and Decisions under Pressure
Other reports emphasized that the diagnosis does not impair higher cognitive functions, judgment, logical reasoning, attention, or memory.
The documents also indicated that there is no impairment in the ability to perform intellectual activities and make decisions under pressure. From a medical-psychiatric perspective, the reports concluded that Márcio was fit for duty.
Medical Board of the TJSC Determined Inaptitude
Despite favorable evaluations, the Medical Board of the Santa Catarina Judiciary issued a declaration of inaptitude. The body acknowledged that Márcio has Autism Spectrum Disorder (ASD) and qualifies as a person with disabilities (PwD), but deemed him unfit for the role of lay judge.
The report states that the candidate “is not fit to perform his duties, considering that it will not be possible to reconcile the limitations resulting from the disability with the proper exercise of the position in the long term”.
Document Does Not Detail What Limitations Would Prevent Functioning
The Medical Board’s decision does not specify which limitations would hinder the performance of the role, nor does it explain why the adaptations suggested in previous assessments would be insufficient.
The TJSC was contacted but did not comment on the case.
“I ask that the Judiciary apply the inclusion rules to me,” says candidate
For Márcio, the core issue is that the need for adaptations has become a barrier preventing him from assuming the position.
“I do not ask that the Judiciary relax the function because I am autistic; I only ask that the Judiciary apply to me the inclusion and reasonable accommodation rules that it requires of society as a whole,” he stated.
Berenice Piana Law Recognizes Autistic Individuals as Persons with Disabilities
Brazilian legislation recognizes individuals with ASD as persons with disabilities for all legal purposes. This understanding is established in Law No. 12,764/2012, the Berenice Piana Law, which created the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder, in Article 1, § 2.
The recognition is also supported by the Brazilian Inclusion Law (Law No. 13,146/2015), which defines a person with disabilities as anyone with a long-term impairment, physical, mental, intellectual, or sensory in nature, which may hinder full participation in society when faced with barriers.
Court Reserved the Position and Requested Independent Assessment
After the Medical Board’s decision, Márcio appealed to the Judiciary. According to him, the lower court recognized the plausibility of the claims and ordered the reservation of the position.
In the same process, an independent judicial psychiatric assessment was ordered to resolve the divergence between the reports that deemed him fit and the declaration of inaptitude.
Public Ministry Pointed Out Flaw in Biopsychosocial Evaluation
The candidate claims that the Public Ministry intervened in the process, indicating that the biopsychosocial evaluation outlined in the notice had not been fully completed.
In light of this, the Public Ministry recommended the nullification of the administrative act of inaptitude and the conduction of a new multiprofessional evaluation.
Case Reached the Supreme Court under the Report of Gilmar Mendes
The discussion has advanced to the Supreme Federal Court through the Constitutional Complaint (Rcl) 99,199, which is under the report of Minister Gilmar Mendes.
“I am not asking for privilege or a reduction of the job requirements. What I argue is that I should be evaluated based on my actual ability to perform the duties, considering the reasonable accommodations provided for persons with disabilities,” said Márcio.
In his opinion, a candidate approved for a position under the open vacancy for persons with disabilities should be assessed based on their actual capacity to perform the job with accommodations, as advocated by Márcio Almeida, or should the Medical Board of the court have the final say? Share your thoughts in the comments.
