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New Law Transforms Public Competitions: Online Exams Are Allowed, Except for Magistracy and Some Public Companies.
Last Monday, (09/09), President Lula signed Bill No. 2258/2022, marking an important change in the rules for conducting public competitions in Brazil. After two decades of deliberation in the National Congress, the new rules promise to modernize the selection process and expand access to the exams. The new law, approved by the Senate in August, introduces the possibility of conducting online exams, a measure that could transform how competitions are held.
New Law for Online Exams: A New Horizon for Public Competitions
Among the main innovations brought by the new law is the authorization for the conduct of distance exams, whether partially or fully, over the internet.
This modality is seen as an attempt to modernize competitions and facilitate participation by candidates across the national territory.
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However, the implementation of this measure still depends on additional regulations from the Executive, which should define the guidelines to ensure equal access and security during online assessments.
It is worth noting that the possibility of online exams applies only to federal competitions, excluding selections for magistracy, the Public Ministry, and some public companies that do not use federal resources for funding.
In addition, states, municipalities, and the Federal District have the freedom to create their own rules for local competitions, which may result in different practices and procedures at the regional level.
Requirements and Motivations of the New Law for Opening Competitions
The new law also establishes clear guidelines about when a competition should be opened. According to the text, the opening of a public competition must be motivated by various factors, including the evolution of the workforce over the last five years and future needs according to institutional goals.
The new law requires a detailed description of the positions to be filled, the absence of any previous valid competition for the same positions, and an estimate of the budgetary-financial impact.
If there is a previous competition in effect, with approved candidates, but that has not yet completed the necessary workforce, the new law allows for the exceptional opening of new competitions.
This aims to ensure that staffing needs are met efficiently and without waste of resources.
Types of Exams and Equal Conditions
The bill also defines three main types of exams for federal competitions. First, the knowledge assessment, which may include written exams, objective or essay tests, and oral exams covering general and specific content.
Secondly, the skills assessment, which involves document preparation, task simulation, and, in some cases, physical tests related to the position.
Finally, the competencies assessment includes psychological exams and psychotechnical tests, conducted by qualified professionals to ensure candidates’ suitability for the role.
In addition to the new exam modalities, the new law establishes that there should be no discrimination based on gender, age, marital status, physical condition, disability, ethnicity, or place of origin of the candidates.
This measure aims to promote inclusion and ensure that everyone has the opportunity to participate in competitions on equal terms.
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