The Union has filed a public civil action to ensure that women who are breastfeeding and people with reduced mobility have access to alternatives to participate in the training course that integrates the.
The action was presented against the Union, the ENAP (National School of Public Administration) and Cebraspe (Brazilian Center for Research in Evaluation and Selection and Event Promotion). It also includes puerperes, mothers of children with disabilities, people with serious diseases or immunosuppression.
In the action, the Defender’s Office asks the defendants to be ordered to pay R $ 5 million for collective moral damages, which would be intended for projects to promote gender equality and the inclusion of people with disabilities.
The mandatory training course is the third stage of the unified contest. It has classificatory and eliminatory character for nine positions. The minimum frequency required is 75% in face -to -face activities, performed in Brasilia, and there is no flexibility for exceptional cases.
In the evaluation of DPU, the requirement compromises the participation of candidates facing situations such as maternity leave, breastfeeding, reduced mobility, treatment of serious diseases or the need for intensive care for children with disabilities.
The action seeks to allow these candidates to be entitled to participate remotely, have access to recordings, support materials and other mandatory content or that can take the course on another date.
Other measures defended are the allowance of faults justified for health or maternity reasons, even if they exceed 25%, and the application of evidence on alternative dates.
The Defender states that the rigid rules of the notice disregard the conditions of these candidates, which would unjustly exclude them, even if they were approved at all stages of the contest.
For the Defender, the absence of inclusive alternatives is a violation of constitutional principles such as the dignity of the human person, protection of motherhood and childhood, the right to health and isonomy, which requires differentiated treatment to those who are in unequal condition.
“The absence of adaptive alternatives imposes a disproportionate and unjust burden, characterizing clear violation of fundamental rights of equality, dignity of the human person and health protection, which demands immediate judicial intervention for the correction of normative omissions and guarantee of the full right of these candidates,” says the defender.
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