scholarly journals FEDERAL CIVIL SERVICE EXAMINATIONS FOR UNIVERSITY FACULTY AND AFFIRMATIVE ACTIONS FOR RACIAL EQUALITY

2020 ◽  
Vol 50 (175) ◽  
pp. 8-29
Author(s):  
Luiz Mello ◽  
Ubiratan Pereira de Resende
Keyword(s):  
Vocational Training ◽  
Black People ◽  
Civil Service ◽  
Civil Servant ◽  
Actual Practice ◽  
Racial Equality ◽  
University Faculty ◽  
Black Candidates ◽  
Federal Civil Service ◽  
Civil Service Examinations

Abstract In this study, quali-quanti methodology was applied to analyze the implementation of Law no. 12,990/2014 on quotas for Black candidates at 63 federal universities and 38 federal ‘institutes’ (secondary and vocational training), during the period that spanned 2014 to 2018. The law reserves 20% of teaching vacancies filled through federal civil servant examinations for Black people. We observe the distance that separates the legally-stipulated conditions and actual practice in these institutions. As five years have now gone by since the passage of this legislation, it seems safe to say that the goal of expanding racial/color diversity in federal civil service will not be achieved through public examinations for teaching careers. Moreover, meeting this goal becomes progressively harder, given the present scenario of resurgence of meritocratic discourses that question the legitimacy of affirmative actions for Afro-Brazilians.

Right to Promotion: Legal Certainty and Discretion of the Employer’s Representative

2021 ◽  
pp. 422-433
Author(s):  
M.V. Presnyakov
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Civil Servant ◽  
Equal Access ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Exhaustive List

Public Civil Service Act to establish such a mechanism for the exercise of the right to growth. This law provides for a competitive procedure for the replacement of all posts, including in the order of post growth, and at the same time establishes the principle of forming a personnel reserve on a competitive basis. In addition, the law contains an exhaustive list of exceptions to the competitive procedure for the placement of posts, one of which is the appointment of a civil servant in the personnel reserve. This is justified, since the personnel reserve itself is formed on a competitive basis. However, the law provides for the possibility of enrolling a civil servant in the personnel reserve based on the results of certification, which, in our opinion, does not comply with the principle of legal certainty, does not fully realize the right of equal access to public service, and also does not ensure the filling of posts according to the principle of competence. However, the potential of this law is not fully realized, as it contains a number of uncertain provisions that overextend the discretion of the employer's representative.

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