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Decision Maintained by TJPE Recognized Irregularity in Municipality’s Communication, Ensured Personal Notification and Ensured Appointment, Swearing In, and Exercise of the Candidate, Highlighting Principles of Legal Security, Reasonableness, and Legitimate Trust
A 63-year-old man, approved in a public competition, obtained a favorable decision after being prevented from taking office in the city of Camocim de São Félix, in the Agreste. According to the Public Defender’s Office of Pernambuco (DPPE), the participant was excluded without proper formal notification, even after meeting the required stages.
Failed Communication and Impediment to Taking Office
According to the DPPE, the elderly man was summoned by the Municipality of Camocim de São Félix, submitted the documentation within the stipulated timeframe, and was deemed fit in the admission medical exams.
“The candidate was summoned by the Municipality of Camocim de São Félix, submitted the required documentation within the stipulated timeframe, and was deemed fit in the admission medical exams. However, on the scheduled date for taking office, he was prevented from assuming the position, being verbally informed of his exclusion from the competition, under the pretext of a documentation pending, without adequate formal notification,” stated the DPPE.
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However, upon appearing on the scheduled day for taking office, he was surprised by the verbal information that he had been excluded from the competition due to pending documentation.
The Defender highlighted that there was no official communication that ensured personal and secure awareness.
A resident of Olinda, the candidate’s identity was not revealed due to the General Data Protection Law (LGPD), as informed by the DPPE.
The absence of adequate formal notification was deemed decisive for the outcome of the case.
Judicial Action and Decision Maintained
In light of the situation, the DPPE filed a judicial action to ensure that the candidate was properly notified and could complete the documentation.
The first-instance judge recognized the irregularity in the form of communication adopted by the Municipality and determined personal notification, as well as the appointment, swearing in, and entry into office.
The municipal administration appealed, claiming that the use of email was provided for in the notice. Nevertheless, the Pernambuco Court of Justice maintained the decision.
The Second Chamber of the Regional Court understood that the unilateral change of the means of communication, without proof of the candidate’s effective awareness, violated principles such as reasonableness, legal security, and legitimate trust.
The case reinforces discussions about transparency, administrative procedures, and guarantees for candidates in public competitions, topics that continue to be debated in the legal field.
With information from Feebpr.
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