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Final Judicial Decision Determines Hiring of Engineers Approved in the Petrobras/PSP-RH-1/2012 Exam After More Than 13 Years of Dispute and Recognition of Preterition in the Reserve List
First, a long legal dispute involving Petrobras and candidates approved in the Petrobras/PSP-RH-1/2012 public exam reached a definitive conclusion in 2026.
Thus, the Labor Court ruled that the state-owned company must call and hire engineers approved in the selection process for the position of Junior Production Engineer.
Moreover, the decision has become final, meaning it can no longer be appealed.
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Therefore, the company was required to immediately comply with the court order.
Meanwhile, the ruling originated from a Public Civil Action filed by SINDIPETRO AL/SE, the Unified Union of Oil Workers, Petrochemical Workers, and Plastics in the States of Alagoas and Sergipe.
Later, in January 2026, the 7th Labor Court of Aracaju issued an execution order, requiring immediate compliance with the decision.
2012 Exam, Available Positions, and Proof of Outsourcing
Initially, in 2012, Petrobras opened a national public exam offering 51 positions for Junior Production Engineer.
However, although 256 candidates were approved, only 42 were actually hired.
At the same time, as demonstrated in the legal proceedings, the company entered into various outsourcing contracts to perform exactly the same activities outlined in the announcement.
Furthermore, the contracts were evidenced in the records through documents identified as IDs 859655, 859658, and 859659.
Consequently, the Justice recognized that there were vacancies and a need for labor, but the positions were filled by outsourced workers.
Thus, the candidates approved in the reserve list were precluded, even during the validity period of the exam.
Therefore, the case was classified as arbitrary and unjustified preterition, a situation that generates the right to appointment according to the understanding of the Federal Supreme Court.
Process Went Through All Levels of Labor Justice
Subsequently, the first merits ruling was issued on July 1, 2014, already recognizing the rights of the approved candidates.
However, Petrobras successively appealed, prolonging the process for more than a decade.
Then, the case was examined by higher instances of Labor Justice, reaching the Superior Labor Court (TST).
In addition, the company also tried to bring the dispute to the Federal Supreme Court (STF).
However, in August 2025, the Special Body of the TST denied the last appeal submitted by Petrobras.
In this ruling, the process Ag-EDCiv-Ag-RR 891-66.2013.5.20.0007 was examined.
Thus, the court upheld the ruling.
Consequently, the TST recognized that the case falls under the exception of General Repercussion Theme 784 of the STF, which guarantees appointment when there is unjustified preterition.
Execution of the Decision and Daily Fine Defined by Justice
Subsequently, after the decision became final, SINDIPETRO AL/SE filed a request for execution in December 2025.
Then, in January 2026, the 7th Labor Court of Aracaju ordered the execution of the ruling.
Thus, Petrobras must appoint the approved engineers for the national pool.
Additionally, a daily fine of R$ 500 per un-hired candidate was established if the decision is not complied with.
Meanwhile, the fine amounts must be reverted to the Worker Support Fund (FAT).
On the other hand, the judge also ordered that Petrobras presents the number of outsourced workers who held the positions at the time of the exam.
In this way, this survey will determine how many engineers will need to be hired.
Legal Action That Led to the Final Decision
Finally, the conduct of the process over more than a decade involved the work of lawyer Raquel de Oliveira Sousa, registered with OAB/SE 4572.
Throughout the process, she represented SINDIPETRO AL/SE in the various judicial phases.
Moreover, the case involved complex discussions about the jurisdiction of Labor Justice and general repercussion in the STF.
Even so, the legal thesis was consistently maintained over the years.
Later, in December 2025, the lawyer filed the execution petition that resulted in the judicial decision of January 2026.
Thus, based on the ruling of the Superior Labor Court in August 2025, the execution order from the 7th Labor Court of Aracaju in January 2026, and the execution petition from SINDIPETRO AL/SE in December 2025, the decision was definitively applied.
Valeu a persistência. Sucesso aos convocados e votos de que o sistema BR tb seja beneficiado c/ mais eficiência.
Boa Noite! Quais os cargos e as vagas abrangidas na decisão?
Engenharia de Produção. Cadastro de reserva do concurso de 2012.
Obrigado! Pena não abranger o cargo de Engenheiro de Equipamentos – Elétrica.