Unanimous Decision by the 1st Panel Recognizes Risk of Legal Uncertainty and Overturns TST Order Mandating Immediate Hiring of Candidates Approved in Competition.
The judgment involving the Postal Service sparked debates about the stability of public service and legal security. The Supreme Court Decides in Favor of the Postal Service and overturns the TST’s determination that required the hiring of candidates approved in the 2011 competition to replace around 20,000 temporary workers.
According to Jota.info, the ministers understood that applying the TST’s decision would result in mass layoffs and an immediate turnover of thousands of positions, which would create “dramatic consequences” for the state-owned company and for the continuity of postal service throughout the country.
How the Decision Was Reached in the Supreme Court
The process was reported by Minister Luiz Fux, who had initially voted against the Postal Service. However, after the divergence opened by Flávio Dino, Fux adjusted his position and aligned with the understanding of the other ministers.
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Minister Cármen Lúcia, who had requested a recess, emphasized that, although temporary hiring should not replace permanent positions, the TST’s order would create a scenario of instability.
For the minister, the issue is not about ignoring the Constitution, but rather about preventing judicial solutions from causing an even more serious impact.
What Was at Stake
In 2019, the TST had decided that the Postal Service should replace temporary workers with those approved in competition, arguing that the company was maintaining an irregular situation even though a reserve list was available. The decision was based on a notice published in 2011, which had already expired.
The ECT, for its part, presented data showing that, between 2015 and 2016, it had hired 232 agents approved in previous competitions by court order and more than 2,200 from a reserve list that was out of deadline. According to the state-owned company, this process generated costs exceeding R$ 933 million by 2023.
Impact on Workers and Candidates
The Supreme Court’s decision does not eliminate the controversy. On one side, those approved in the public competition claim that their rights were disrespected. On the other side, temporary workers faced the risk of immediate dismissal, which could compromise the functioning of the state-owned company.
The Court’s understanding was that mass turnover would compromise service continuity, especially in areas where the Postal Service plays an essential role, such as deliveries to remote regions.
Debate on Public Competitions and Public Management
The case raises broader discussions about conducting public competitions and temporary hiring in state-owned companies. For experts, the delay in opening new competitions creates “manufactured urgencies”, as highlighted by Cármen Lúcia, who advocated for greater responsibility in managing the workforce.
The Supreme Court’s decision also reaffirms the need for a balance between adherence to the constitutional rule of public competitions and the maintenance of stability in strategic services for the population.
And you, do you think the Supreme Court’s decision to prioritize service continuity over the immediate replacement of temporary workers is fair?
How to balance the rights of those approved in competition with the operational needs of the Postal Service? Share your opinion in the comments; we want to hear your view on this dilemma.

Eu fui aprovado nesse concurso de 2011, me chamaram pra fazer o TAF e fui aprovado, teve gente que foi aprovado nos exames médicos e os Correios terceirizaram funcionários na MESMA função com o concurso ainda válido, isso em 2012, e agora o STF desrespeita esses funcionários, que não são 20 mil, várias contradições nesse julgamento.
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