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Brazilian Federal Supreme Court recognizes the right of a pregnant candidate to reschedule a physical fitness test

The Plenary of the Brazilian Federal Supreme Court (STF) has recognized the right of pregnant candidates to reschedule physical fitness tests in public tenders, regardless of whether there is a provision in the public notice. The Justices dismissed the Extraordinary Appeal (RE) 1058333, in which the State of Paraná questioned a judgment of the local Court of Justice (TJ-PR) that guaranteed the right to reschedule to a candidate who did not attend the physical examination, which constituted an eliminatory round for those who were applying to the vacancy of Military Police of the State of Paraná (PM-PR), due to the pregnancy of 24 weeks.

As the subject discussed in the appeal had the general repercussion recognized, the majority decision taken on Wednesday (21) by the STF should be applied by other instances in similar cases. The following thesis of general repercussion was approved: "It is constitutional the rescheduling of the physical fitness test of a candidate who is pregnant at the time of the public tender, independently of the prediction expressed in the public notice of the public contest".

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