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Court upholds meritocracy in Goiás Military Police.

Unanimous decision by the 1st Civil Chamber reinstates a military officer to the Logistics Support Command who passed an internal selection process and was later dismissed without justification; his position was filled by an officer who did not undergo the selection process.

Court upholds meritocracy in Goiás Military Police.

TJ-GO_ By unanimous vote, the 1st Civil Chamber of the Court of Justice of the State of Goiás (TJGO) determined that the Public Security Secretariat and the General Command of the Military Police of the State of Goiás must reinstate Washington Luiz Alves to the position of Logistics Support Commander of the Military Police.

He passed the Selection Process based on Qualification and Merit, established by Decree No. 7.291/2011, but after 90 days, he was dismissed without justification. Furthermore, his position was filled by a military officer who did not undergo the selection process.

According to the case's rapporteur, substitute judge Carlos Roberto Fávaro, Washington's dismissal is illegal, since it was done without justification and, in addition, the position was filled by a professional who did not go through the merit-based process. In his understanding, there was a violation of the principles of morality and good faith.

According to him, the public administration's stance "raises questions about the simulated nature of the act, not to mention the blatant affront to the principles of legality in a broad sense, administrative morality, motivation, efficiency, and good faith, the latter considered in both its objective and subjective aspects," he noted.

The rapporteur stressed that he is aware that appointed positions, as well as positions of trust, are subject to free appointment and dismissal, but stated that his position could not be otherwise, under penalty of rendering the selection process ineffective and immoral.

“If the government intends to ignore the result obtained, it would be better if it didn't even exist. But, if its creation was patented by law, it is up to the Judiciary to guarantee its faithful application,” he concluded. (Text: Aline Leonardo - Social Communication Center of the TJGO)