Highlights

Right to the appointment of foreigner approved in public tender for position of professor in federal institute is subject of general repercussion

The Brazilian Federal Supreme Court (STF) will decide whether a foreigner who has passed in a public tender to fill a position as professor, technician or scientist in universities and federal scientific and technological research institutions has the right to nomination and possession. The theme is subject of the Extraordinary Appeal (RE) 1177699, which, unanimously, had the general repercussion recognized in the Virtual Plenary of the Court.

The case of the file involves an Iranian approved in a public tender for investiture as professor of computer science at the Federal Institute of Education, Science and Technology of Santa Catarina (IFC). After the appointment, he was prevented from taking possession for being a foreigner and filed an ordinary lawsuit in the Federal Court of Santa Catarina arguing that the Constitution ensures that foreigners participate in a public contest.

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