The call-up quota for disabled people can be ignored by court order

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To establish the right to be appointed to a public position, it is necessary to present pre-established evidence indicating arbitrary and unmotivated neglect on the part of the administration. Disclosure Court accepted Caixa's argument to justify summoning disabled people in a greater number than foreseen in the notice Disclosure Based on this understanding, the judgment of the 5th Panel of the Federal Regional Court of the 1st Region granted the appeal of Caixa Econômica Federal against the decision of the 2nd of the Judicial Subsection of Varginha (MG) to determine that the state bank promoted the summoning of the plaintiffs of the action . According to the records, the petitioner states that she was approved in a Public Competition for the position of new banking technician in a competition intended only for the formation of a reserve register. However, the author alleges that the state bank would be calling disabled candidates continuously and uninterruptedly, without any alternation with candidates approved in the general register. In the appeal, the bank stated that in the last public competitions it promoted for the admission of employees, there was not enough approval of candidates with disabilities to reach the percentage of 5% of employees in relation to the total number of employees.

Because of this, the Public Ministry of Labor filed a public Phone Number List civil action demanding that the institution fulfill the minimum quota required by law. When analyzing the case, the rapporteur, judge Souza Prudente, pointed out that the alleged neglect of the candidate was not proven in the records, because the bank appointed candidates with disabilities beyond the percentage stipulated in the notice, without alternation, in compliance with the court decision. The judge recalled that the bank, in turn, proved that it had not been meeting the quota established in art. 93 of Law 8,213/1991, according to which companies that have more than 1,001 employees must fill 5% of their respective vacancies with people with disabilities or rehabilitated beneficiaries. In view of this, he decided to accept the state bank's arguments that the summoning of people with disabilities beyond the percentage in the notice was not due to an administrative decision, but in obedience to a court order.Without registration, the federation cannot request the transfer of union contributions Trade union registration with the Ministry of Labor and Employment is essential for the representation of a certain category, given the need to comply with the principle of union unity.



Photo: Portal Brasil/Disclosure Portal Brasil Without registration, federation cannot request transfer of union contributions Based on this understanding, the Special Body of the Court of Justice of São Paulo rejected a writ of mandamus filed by the National Federation of Judiciary Servants in the States (Fenajud) against the lack of collection and transfer of union contributions owed by Judiciary servants. For the rapporteur, judge Moreira Viegas, the active legitimacy of Fenajud for the application for the writ of mandamus was not evident, since the entity did not prove that it holds the specific representation of public servants of the São Paulo Judiciary. “I also note that other union entities (Federation of Public Servants Unions in the State of São Paulo and Union of Public Servants Union of the Judiciary of the State of São Paulo), claiming to be representatives of the same category, filed writs of mandamus with the same object”, he stated. According to the judge, the legitimacy of unions to represent a certain category depends on registration with the Ministry of Labor and Employment, which was not proven in the case of Fenajud. Therefore, said Viegas, it is a case of denying security. “The principle of uniqueness has not been conclusively proven, as well as considering that this means of appeal requires pre-constituted proof, not admitting any delay in evidence, strictly speaking the recognition of active illegitimacy”, he added. The decision was unanimous.