It is doubtful of many if it is possible to participate in a public contest and be selected even if the name is denied in SPC / Serasa. Understand now how this works.
Can I participate in a public contest even with the name in SPC / Serasa?
The negative name in the SPC and Serasa does not prevent the participation in a public contest, therefore, also does not prevent the candidate to exercise his position, if approved. However, there are exceptions, due to Law No. 8,112 / 90, paragraph 1.
Art. 5º. Basic requirements for investiture in public office are:
- I – Brazilian nationality;
- II – the enjoyment of political rights;
- III – discharge with military and electoral obligations;
- IV – the level of education required for the exercise of the position;
- V – the minimum age of eighteen;
- VI – physical and mental fitness.
1 st. The duties of the position may justify the requirement of other requirements established by law.
Paragraph 1 leaves a loophole for other requirements to be required, according to the position of the contest. It is because of this that financial institutions (based on the CLT) require a clean name; even for those who are already working in the company.
So what are the negative positions that can not work?
In general, positions where employees have to deal with amounts in banks, such as Banco do Brasil. Other positions that require a clean CPF are: Judge, Promoter and Police. This happens because there are laws forbidding CPF denied in these positions.
I was approved in a contest, but I'm denied on SPC / Serasa: What now?
If the job title requires a clean name, the candidate may have the right to rectify the situation within a period of up to 30 days; but this is at the discretion of the contracting body. If the body is not contributing, the candidate can enter with administrative appeal or writ of mandamus within 30 days, requesting possession of the position.
Writer and translator. Go to: milenakarla.com
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