Court orders Court of Auditors to swear in public prosecutor.
The Special Court unanimously followed the vote of the rapporteur, Judge Carlos Alberto França (pictured), to determine the appointment of Carlos Gustavo Silva Rodrigues, who passed the public examination; the notice stipulated the filling of seven vacancies, and the candidate was ranked 5th.
TJ-GO_ The Special Court of the Court of Justice of the State of Goiás (TJGO), by unanimous vote, followed the opinion of the rapporteur, Judge Carlos Alberto França, to determine the immediate appointment and taking of office of a candidate approved in a public competition. Carlos Gustavo Silva Rodrigues will occupy the position of public prosecutor.
According to Carlos França, "given the existence of a vacancy within the validity period of the competitive examination, which covers the candidate's ranking, he has a clear and certain right to be appointed, since the interest and need to fill the position has been demonstrated," he stated. For the judge, Carlos Gustavo did not demonstrate a lack of interest.
Carlos Gustavo Silva Rodrigues alleged negligence on the part of the State Governor and the Court of Auditors (TCE) for failing to appoint and swear him in, even though he had passed a public examination and ranked 5th. According to him, the notice stated that the selection process provided for the filling of four immediate vacancies and any others that became vacant subsequently.
According to Gustavo, at the time the public notice was published, there were seven vacancies for the position of public prosecutor, of which only one was filled. After the selection process, five vacancies were filled, corresponding to the 1st, 2nd, 3rd, and 4th approved candidates, in addition to the 21st candidate, who has special needs. He claimed to have the right to be the next to take office, which did not happen. The validity period of the competitive examination expired on August 26, 2012. However, he filed the writ of mandamus on the 21st of the same month.
The authorities claimed that the candidate did not have a guaranteed right to be approved, only an expectation of being called. They also stated that there was a lack of interest, justifying this by saying that the validity period of the competition had expired.
The judge rejected the claim that the deadline had expired. "The 120-day statute of limitations for filing a writ of mandamus begins on the date the validity of the selection process ends, since the administrative omission of the public entity extends throughout the entire duration of the selection process," he stated. (Text by Lorraine Vilela, from the Social Communication Center of the TJGO)