O controle judicial dos atos administrativos em concursos públicos no estado de Alagoas

Abstract

This work sought to analyze how the Judicial Branch has played a fundamental role in effecting access to justice for candidates for civil service examination in the brazilian state of Alagoas. The chosen methodology consisted of the analysis of bibliographical texts on the subject, the laws that deal with the control of administrative acts and civil service exams, and also the jurisprudence of the Supreme Court (STF) and the Court of Alagoas. The initial study consisted of conceptualizing essential terms for understanding the subject, such as the differences between binding and discretionary administrative acts, and principles such as purpose, motivation, legality and impersonality. Subsequently, it was addressed how administrative acts can be controlled by the Judiciary, which exercises external control over these acts, in order to review them to confirm or annul them, if applicable. In order to clarify the issues surrounding the subject, it was pertinent to highlight the limits of jurisdictional action in the Public Administration, in compliance with the principle of separation of powers provided for in the Federal Constitution and the laws that involve the subject, such as Law nº 4.717/65 and Law nº 7.858/16. Finally, notorious and frequent cases that were processed in the Civil Courts of the Public Treasury and Civil Chambers of the Court of Justice of Alagoas were analyzed, to exemplify how the judicial control has been carried out in several cases that involve civil service exams in the state, such as the elimination of candidates illegally in qualification stages of public civil service examinations, such as in medical examinations and psychotechnical evaluations.