Post by anik4600 on Feb 27, 2024 2:16:29 GMT -5
WORD WEIGHT In case of doubt about racial identification, self-declaration is worth it, says TRF-1 ConJur Editor March 12, 2023, 9:48 am Constitutional When a case of racial identification analysis is found in "gray areas", with reasonable doubts about the individual's phenotype, the criterion of self-declaration must prevail. Thus, based on the vote of Minister Luís Roberto Barroso, of the Federal Supreme Court, in ADC 41, the Special Court of the Federal Regional Court of the 1st Region recognized the illegality of the elimination of a candidate in a public competition who failed the interview with the analysis panel of competitors for vacancies for black and brown people. The case's rapporteur was federal judge Maura Moraes Tayer.
reproduction Reproduction Candidate was recognized as black by the same panel in other competitions The man was approved in the first stages of the competition for the positions of analyst and judicial technician at the TRF-1 itself, in 2017, but, when submitted to the interview for the hetero-identification check, he was rej Venezuela Mobile Number List ected as if he were not a black person, despite his self-declaration. It turns out that his brother (with the same physical and genetic characteristics) also participated in the competition and passed the same interview. The candidate then filed an administrative appeal with Cebraspe (formerly Cespe), organizer of the event, but had the request rejected. As a result, the defense filed a writ of mandamus with a preliminary injunction, which was accepted.
At the time, judge Néviton Guedes said that the exclusion proved to be “contradictory”. The injunction, however, only ensured the reservation of the vacancy. In 2018, the same examining board recognized the candidate as black in two competitions, for the Regional Labor Court of the 1st Region and the Federal Public Ministry, both for the positions of judicial analyst. In November last year, however, a candidate with a lower score was appointed and sworn in as a judicial technician at TRF-1. "The need for a speedy trial was evident, as the petitioner was being passed over in the competition", claimed the defense. Over the last few years, other examination boards have confirmed that the candidate is indeed black and that, therefore, he should appear on the list of vacancies reserved for quota candidates.
reproduction Reproduction Candidate was recognized as black by the same panel in other competitions The man was approved in the first stages of the competition for the positions of analyst and judicial technician at the TRF-1 itself, in 2017, but, when submitted to the interview for the hetero-identification check, he was rej Venezuela Mobile Number List ected as if he were not a black person, despite his self-declaration. It turns out that his brother (with the same physical and genetic characteristics) also participated in the competition and passed the same interview. The candidate then filed an administrative appeal with Cebraspe (formerly Cespe), organizer of the event, but had the request rejected. As a result, the defense filed a writ of mandamus with a preliminary injunction, which was accepted.
At the time, judge Néviton Guedes said that the exclusion proved to be “contradictory”. The injunction, however, only ensured the reservation of the vacancy. In 2018, the same examining board recognized the candidate as black in two competitions, for the Regional Labor Court of the 1st Region and the Federal Public Ministry, both for the positions of judicial analyst. In November last year, however, a candidate with a lower score was appointed and sworn in as a judicial technician at TRF-1. "The need for a speedy trial was evident, as the petitioner was being passed over in the competition", claimed the defense. Over the last few years, other examination boards have confirmed that the candidate is indeed black and that, therefore, he should appear on the list of vacancies reserved for quota candidates.