10/09/2024 – 6:30
The new Competition Law was sanctioned by President Luiz Inácio Lula da Silva on Monday, the 9th, with changes such as the possibility of remote testing and new assessment methods, including practical skills testing and oral assessment.
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According to the Minister of Management and Innovation, Esther Dweck, the changes are intended to standardize and modernize procedures, make the rules for public tenders clearer and, thus, reduce litigation. “The measure establishes guidelines for greater legal certainty and harmonization of minimum standards in public selection processes for the federal Executive and Judiciary branches,” says the ministry’s note.
The new law, which was processed for 20 years in the Federal Senate, and was approved in August by the plenary of the house, has a transition period, becoming mandatory on January 1, 2028, but its application can be anticipated through an act that authorizes the opening of each public competition, informs the ministry.
Although the law applies primarily to federal public examinations, it also allows states, the Federal District and municipalities to update their selection rules. The new legislation, however, does not apply to public examinations for judges, members of the Public Prosecutor’s Office, or public companies and mixed-capital companies that do not receive government funds for personnel or operating expenses.
The new law also establishes minimum requirements for the notices, to ensure equality and legal certainty in the competitions. It also prohibits any form of discrimination against candidates, and affirmative action diversity policies in force must be respected. Another point is the possibility of collaboration between agencies and entities during the planning and execution of the competition.
See the main changes
- Possibility of three types of tests
Knowledge: including written, objective or essay tests and oral tests, which may cover general or specific content;
Skills: such as preparing documents, simulating tasks specific to the position and physical tests;
Skills: psychological evaluation, mental health examination or psychometric test.
There may also be an assessment based on qualifications and the completion of courses or training programs, which may be eliminatory or classificatory.
Another change established by law is the possibility for candidates to take the public exam entirely or partially remotely, via the internet or secure and controlled electronic platforms, as long as equal access to the necessary tools and devices is guaranteed – in compliance with legal information security standards.
The application of this modality will depend on specific regulations, ensuring that the process is inclusive and secure, with protection against fraud through appropriate technological requirements.
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