Disqualification of candidates approved in civil exams due to medicial examinations

Abstract

This paper analyzes the limits of medical examinations as a cause for disqualification of candidates approved for civil service positions. Thusly, this research points out the legal consequences of this practice and questions the relevance of these exams in specific fields. This study uses as its theoretical framework post-positivism, more precisely the Theory of Principles and Legal Argumentation (Alexy, 2008, 2011). This paper also examines Decree No. 6.944 (BRASIL, 2009), regarding the general rules of public procurement and Law No. 8.112 (BRAZIL, 1990), which is the Brazilian Statute of Public Servants. Finally, this research concludes that medical examinations are utilized as a knockout stage in order to eliminate candidates; this practice is analyzed in some judicial decisions that are also investigated in this paper.