The Federal Attorney General’s Office (AGU) obtained in court, this Tuesday (8), a decision that allows the publication of test scores for block 4 of the Unified National Public Competition (CNU), known as the “Enem of competitions”.
“Maintaining the competition schedule, as provided for in the notice, meets the principle of legal certainty, essential in the rule of law. Furthermore, the legitimate expectations of candidates regarding the process of the contest in accordance with the bidding rules are consolidated, except for duly proven exceptional situations”, explained judge Carlos Augusto Pires Brandão.
The appeal was presented to the Federal Regional Court of the 1st Region (TRF-1). The decision that had been given by the Federal Court in the Federal District last Thursday (3).
In the action, the AGU justified that the first instance decision was based on a mistaken conclusion, as the equality between the candidates in the competition would not have been impacted.
The vacancies up for grabs in block 4 of the “Enem of competitions” are for positions of doctor, psychologist, social policy analyst, specialist in public policies and government management, specialist in indigenism and labor inspector.
The case
The suspension of the disclosure of block 4 notes was determined in a lawsuit filed against the government and during the application of the tests in Recife.
A group of CNU candidates received the wrong test on the day of the exam. The inspectors mistakenly delivered the afternoon test booklets in the morning.
In response to the incident, the Ministry of Management and Innovation spoke out, stating that the envelope with the afternoon’s tests was resealed and remained under the custody of inspectors and the ministry’s external certificate.
According to the statement, this measure ensured the confidentiality of the notebooks until their correct application in the afternoon.
However, the Court understood that the incident compromised equality between the candidates.
Feature
According to the AGU, opening the envelopes and distributing the wrong tests did not compromise the regularity of the competition.
“There was agility in discovering the mistake, so that the solution to exchange the test books occurred before the tests were authorized to begin”, said the agency in the appeal. “Following the rules of the competition, none of the candidates who received the tests incorrectly could have seen the contents of the notebook, as they were not authorized to begin.”
Also according to the AGU, the improperly opened bags were “collected and stored safely for the appropriate shift, being locked in a room whose access key was in the possession of the local coordinator”.
“The question posed in this demand is, therefore, whether the extent of the incident of opening four exam envelopes from the afternoon shift during distribution in the morning period, with only one candidate reporting knowing a word of a question, is sufficient to suspend and declare null all objective evidence from the afternoon relating to Block 4 of the Unified National Public Competition, which had more than 2.14 million registered participants in an unprecedented action by the federal public administration”.
