June 23, 2022

08:06

Eliziane Paiva – From Amazon Agency

MANAUS – The Bill (PL) of No. 77 of 2022 that establishes new rules for the completion of public competition, in the sense of hiring approved in selection processes, has been the agenda that diverges opinions in the state of Amazonas. The PL’s proposal is to avoid the automatic elimination of candidates who, even if they reach the average in the announcement, remain classified even if they are below the number of expected vacancies.

The text, authored by state representative Joana Darc (PL) is in progress at the Amazonas State Legislative Assembly (Aleam). In short, the document proposes to ensure that candidates approved in competitions, but classified outside the initial number of vacancies available, may be called to assume public positions when, in opportunity, there is a need for service by the entity and respecting the ranking order.

“The present proposal seeks to do justice to candidates in public competitions, who, when not classified among the number of vacancies provided, have been systematically eliminated from public contests”, reads an excerpt of the proposal.

For the agribusiness student and ‘contestant’ Marcos Paulo Bezerra Albuquerque, 25, the approval of the PL is extremely important for those who will be approved in public tenders, and highlights, for him, the reasons:

“I believe that with the approval of the PL it will be possible to create a reserve register for those who are not called to take office and, with this, there will be the guarantee of an acquired right, even if it is not absolute, to occupy a vacancy within public agencies in the future”, observes the student, who also points out that “There are guarantees that there will be candidates able to occupy vacant positions as soon as there is a need to fill them, which makes the process faster and less costly for the administration”, he points out.

Beyond the test

On the other hand, in the understanding of the president of the Association of Corporals and Soldiers of the Police and Military Firemen of the State of Amazonas (ASSBPMAM), Sergeant Igo Silva, the PL 77 would not benefit public institutions, because, for the servant, the candidates who require the approval of the amendment need to be aware of other “important” steps in the process.

“Actually, I see that those who are outside want to lead those who are already inside and want to do away with the prerequisites. In the public contest it is not enough just to pass the knowledge tests, but to pass all the stages”, highlighted the sergeant when talking about the stages that require physical conditioning.

Detailed analysis

In an interview to AMAZON AGENCY, attorney Daniel Cauper (OAB/AM 15.378) explains that the amendment proposes to ensure that the contestants, once approved, are considered fit, even if they are far from the number of vacancies.

“The PL 77/2022 intends to take a ride on case law and formalize what has been the understanding of the STF. The measure follows a trend already adopted in other states of the federation, such as the Federal District and Rio de Janeiro. However, it is worth considering that the public administration has discretionary power that allows it to exercise a value judgment with criteria of convenience and opportunity”, said the lawyer.

According to the lawyer, more detailed analysis is needed for a better understanding of the project. “It is fearful that the law, in a certain way, will oblige the public power to bear costs beyond its budgetary base. Still in this sense, it is not uncommon for public agencies to invite candidates beyond the number of vacancies already foreseen in the public notice. Therefore, despite having a character that aims to benefit candidates, the PL must be evaluated under a more comprehensive viewpoint, also considering the public administration’s point of view”, he concluded.

Impediment to the approved

According to Rafael Castro, who identifies himself as a member of the Commission for the Approval of the Bill 77/2022, the barrier clause is an impediment to the approved candidates when it comes time to be called and also cited that other states have already adopted the measure allowing the existence of a reserve register.

“The PL avoids public expenses with the realization of other contests, better use of contests, considering that many people are approved. To have an idea, in the current background, the public security contest hasn’t happened for 12 years, and this has been increasing the violence and criminality indexes in the state”, he said.

Rafael also remembered the increase of environmental crimes and violence against indigenous people – episodes of the journalist and indigenous people’s deaths in the interior of the state. For him the effective does not supply the current demands of public security. “With the huge vacancy of employees in public security, the capacity of the server (in activity) falls”, he says.

More chances

For Joana Darc, the removal of the ‘barrier clause’ (also known as electoral threshold, constitutional barrier, exclusion clause or performance clause) increases the chances and expands the amount of approved candidates who move on to the next stages of public competitions, even if they have reached the minimum score required in the announcement.

“With this, all those who score above the cut-off score maintain the chances of being called during the entire validity of the competition, as long as there is a guaranteed budget and interest from the Government of Amazonas. Once they are eliminated, they cannot even hope to be called, should the public administration need them. That’s why it is important to have a list of classified candidates”, ponders the parliamentarian.