Limitation on appointment based on gender was provided for in the selection notice for the State Military Fire Brigade held in 2023
The minister of STF (Federal Supreme Court) Luiz Fux granted an injunction so that any appointments to the position of soldier of the CBMPI (Military Fire Department of the State of Piauí) occur without gender restrictions. Here's the complete of the decision (PDF – 185 kB).
The limitation on the appointment of women was determined in the public competition notice held in 2023. The decision was taken through the ADI (Direct Action of Unconstitutionality) 7484filed by PRG (Attorney General's Office).
In the preliminary injunction, which is being analyzed by the Court's plenary session, the minister also suspended provisions of Piauí rules that limit the entry of women into the ranks of the State's Military Police by up to 10%.
The PGR declared in the records that, although it is included in a law regulating the statute of the PMPI (Military Police of Piauí), the rule also applies to public examinations for entry into the Fire Department.
Identical Cases
Fux highlighted that the STF plenary has already analyzed identical cases, relating to other units of the Federation, and in all decided that the limitation on the entry of women into the military forces violates the constitutional principles of equality and universal access to public positions.
According to the minister, the Court's recent statements highlight not only the probability of the existence of the right, but also the danger of damage arising from the imminent call for candidates approved in the public examination for the CBMPI soldier training course.
With information from Federal Court of Justice.
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