The rule is valid for federal public administration competitions and must be applied even during the name or gender rectification process
Transvestite, transsexual and transgender people can use their social name in public competitions for the direct, autonomous and foundational federal public administration. The guarantee was established by a joint normative instruction of the MGI (Ministry of Management and Innovation in Public Services) and MDH (Ministry of Human Rights and Citizenship).
The rule also covers simplified selection processes for hiring for a fixed term. It is valid even in cases where the name and gender designation in the civil registry are in the process of being rectified. Here is the full (PDF – 111 kB).
The regulation also establishes the treatment “in an appropriate manner” to gender identity: “with the use of appropriate pronouns and with safe and adequate access to all spaces designated for the competition”. The text prohibits the segregation of these candidates in special rooms.
The candidate’s identity will be confirmed by means of a photo ID and may be supplemented by the collection of biometric data, as determined by the rules of the competition or selection process.
“The procedures for verifying the civil identity of the candidate must be carried out in a respectful manner and in compliance with human dignity, without exposing them to any type of public embarrassment”, states the instruction. In case of using the alphabetical criterion for any purpose, it must be based on the person’s social name and not their civil name.
Those responsible for organizing, implementing and monitoring the competition, also according to the text, must not refer to candidates covered by the regulations by their civil name and must not include it in public documents relating to the competition or selection process.
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