ADI 6476
Direct Action of Unconstitutionality
Reporting Justice: Roberto Barroso
This action also received the following seals:
CONTEXT
Decree No. 9,546/2018 excluded the provision for adapting the physical tests of public tenders for candidates with disabilities and established that the approval criteria could be the same as those applied to other candidates. Depending on the case, people with disabilities were at a clear disadvantage in the physical tests of public tenders.
LAWSUIT
In the lawsuit, it was argued that Decree n. 9,546/2018, by seeking to equalize the criteria applicable to people in an unequal situation, goes against the constitutional rights to guarantee equality and protect people with disabilities (arts. 3, IV, 5, 7, XXXI, and 23, II, of the FC), in addition to violating the International Convention on the Rights of Persons with Disabilities.
OUTCOME
The Federal Supreme Court determined that it is necessary, in public tenders, to make adaptations so that candidates with disabilities can compete on equal terms in the selection process, when specific physical abilities are not necessary for the exercise of the public function.
REPERCUSSION
“It is illogical to demand that a disabled candidate perform in the same way as a non-disabled candidate. The Supreme Court is once again moving towards prioritizing the constitutional rights to equality and protection of people with disabilities, as well as the republican objective of promoting the well-being of people with disabilities”, stated our firm’s member, Rafael Carneiro.