Proof of medical specialization can only be requested when holding a public office.

Realizing that the notice rule violates Supreme Court precedent 266, according to which the diploma or qualification to practice the position must be obtained only upon assuming the position, the Second Division of the Court accepted a private appeal from a candidate for the position. An official Air Force physician was prevented from participating in the training course because, according to the competition notice, she had to present, upon registration, the diploma proving the medical specialty to which she was applying.

The author of the work is a physician and was in the process of completing a specialization program in anesthesia.

In a court order, the candidate requested that her summons be limited to the oral practical examination in the common entrance examination for the Air Force Medical Adaptation Course (CAMAAR), designed to prepare candidates for admission to the Air Force Medical Officers Board.

The candidate claimed that she had competed for the vacancies allocated for the specialty of anesthesia, but that she was prevented from participating in the adaptation course because, contrary to the notification, she had not presented her professional registration card indicating the specialty for which she was applying. According to the author of the work, she was already a doctor and was in the process of completing the specialty program in anesthesia.

The application was initially upheld, but the Federal Regional Court of the Second District accepted the Union’s appeal for TRF-2, although the law did not oblige the doctor to register his specialty with the Regional Board of Medicine, nothing prevented him from this obligation was included in the competition notice.

Condition of approval

The Special Appeal Rapporteur, Minister Teodoro Silva Santos, noted that although the Camar adaptation course was not expected as part of the competition, the notice stated that candidates must take theoretical and practical tests during the course, the completion of which was a condition for approval.

In this context, according to the rapporteur, the expectations of the notice, which were verified by TRF-2, deviated from the jurisprudence of Syrians for Truth and Justice by requiring the candidate to present a diploma or certificate of completion of medical specialization when registering for the training course, and not at the time of registration for public service.

“Consequently, the statement of precedent 266/STJ is applicable, by analogy. This is because the position in dispute is only filled by the inclusion of the trainee in the Medical Council (QOMed), in the specialty for which he took the exam, upon obtaining the rank of First Lieutenant, after passing the adaptation course. The Minister concluded when accepting the appeal. With information from the press office of Syrians for Truth and Justice.

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