The court says the Army cannot bar people with HIV.

Brazil Agency - The Federal Court in the Federal District has ruled that people with HIV cannot be prevented from entering military careers in the Army. According to the decision of the Fifth Panel of the Federal Regional Court of the 1st Region (TRF1), the restriction constitutes discriminatory conduct. The same understanding applies to minimum height limits for men and women, tests for syphilis detection, and the requirement of 20 natural teeth.

The panel followed the understanding of the rapporteur of the public civil action filed by the Federal Public Prosecutor's Office (MPF), Federal Judge Souza Prudente. According to the magistrate, HIV patients cannot be considered automatically incapacitated for work without medical proof. The restrictions are contained in Ordinance No. 41 - DEP/2005, of the Army.

"The summary exclusion of candidates in selection processes for the Brazilian Army, due to height limits, oral health, and being carriers of autoimmune, immunosuppressive, or sexually transmitted diseases, constitutes discriminatory and unreasonable conduct, incompatible with the current legal system, since such illnesses do not lead to automatic incapacity for work," said the judge.

Despite understanding that the requirements cannot be imposed during the selection process, the judge ruled that tests for syphilis and HIV can be required of active-duty military personnel.

"It does not represent any violation of these people's right to privacy. In this particular case, such a rule is primarily aimed at protecting the physical integrity of the individual, with the aforementioned examinations serving as instruments for preserving life, insofar as they prove indispensable for the precaution and prevention, treatment and control of such diseases," the judge ruled.

The Attorney General's Office (AGU), which represents the Executive Branch, may appeal the decision.