A ATUAÇÃO DO PODER JUDICIÁRIO NO CONTROLE DOS EDITAI E ELIMINAÇÕES ILEGAIS EM CONCURSO PÚBLICOS

Abstract

This article analyzes the role of the Judiciary in reviewing public examination notices and unlawful eliminations in public recruitment processes, examining the boundaries between administrative discretion and judicial intervention. The study is grounded in the General Theory of Public Administration, investigating the administrative legal framework and the constitutional principles that guide state action, particularly the principles of legality, impersonality, morality, publicity, efficiency, proportionality, and reasonableness, as well as administrative acts, their prerogatives, and limitations. The general objective is to define the scope of judicial review over administrative acts carried out within public recruitment examinations, with emphasis on the validity of examination notice provisions and the legitimacy of eliminations during stages such as background investigations, psychological assessments, physical fitness tests, medical examinations, and affirmative action quota procedures. The article also examines the consolidated understanding of the Brazilian Supreme Court in the General Repercussion Theme 485, according to which the Judiciary may not replace the examination board in the reassessment of technical criteria, except in cases of manifest illegality or violation of the examination notice. The methodology adopted is deductive, descriptive, and qualitative, based on bibliographic and jurisprudential research through the analysis of the Federal Constitution, Law No. 14,965/2024, specialized legal doctrine, and precedents established by the Supreme Federal Court and the Superior Court of Justice.

The findings demonstrate that, although judicial interference in the administrative merits is prohibited, judicial review of legality remains fully admissible when examination notice provisions are incompatible with the legal system, impose disproportionate requirements, or result in eliminations lacking adequate justification. It is concluded that judicial intervention, when limited to verifying the constitutional and legal conformity of the procedure, constitutes a legitimate instrument for protecting the fundamental right of access to public positions and preserving the fairness and integrity of the recruitment process.