Minister of the General Comptroller of the Union declared the partial nullity of the administrative process
The CGU (General Comptroller of the Union) decided to reverse the dismissal of Êmy Virgínia Oliveira da Costa, professor at IFCE (Federal Institute of Ceará). The teacher, the first transsexual to teach at the institution, had been fired after an administrative process concluded that she was unjustifiably absent for more than 60 days in 2019.
Signed by the CGU chief minister, Vinicius Marques de Carvalho, the reversal of the dismissal was published in the Official Diary of the Union on Friday (March 15, 2024). Here's the complete (PDF – 108 Kb).
The minister declared the partial nullity of the administrative disciplinary process that had resulted in the dismissal, attesting that the teacher had 48 days of absences in 2019, which is not enough to constitute the crime of habitual non-attendance.
The CGU ordered the case to be archived “andm reason for the prescription of the punitive claim of the applicable penalties, under the terms of art. 129 c/c 130, both of Law no. 8,112/90”.
Êmy Virgínia must now be reinstated to the IFCE staff.
Understand the case
The professor had been fired after being absent 3 times in 2019 to attend doctorate seminars in Uruguay. In the process, IFCE concluded the measure after not considering valid evidence presented by Êmy to justify her absence, such as petitions from her students informing that classes were brought forward and there was no pedagogical harm.
In addition to the students' signatures, Êmy argued that he was left with no alternatives, as he could not take leave to pursue his doctorate due to a bureaucratic obstacle, as he was awaiting his transfer to another campus, which had already been authorized months before. According to her, the transfer was only consummated in 2022, by court decision.
Unsatisfied, Êmy started a campaign to have his dismissal reversed. She exposed the episode as a case of transphobia. “My heart is overflowing with gratitude”, celebrated the teacher on her account on Instagramshortly after the new CGU decision.
With information from Brazil Agency.
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