The Public Ministry of the State of Sergipe (MPE) considered unconstitutional the requirement of the HIV serology test as a requirement of the penultimate stage of the evaluation for candidates in competitions for officers and soldiers of the Military Police. Around 60 thousand people are registered to compete for the 300 vacancies offered.
The agency filed a Public Civil Action (ACP) requesting that the rule be removed from the notices because it was illegal and discriminatory. The State Attorney General's Office, however, stated that there are no irregularities in the document, the same position was used by the General Police Command of the PM.
The Command also stated that the request for the exam was based on the duties of the position of Military Police officer, which require physical conditions compatible with its exercise as it contains the risk of contagion among the population assisted by the public security service.
To TV Globo, prosecutor Luciana Duarte explained that the measure “violates the candidate's fundamental right to intimacy and privacy. Today what is being preached, including at an international level, is the right of people with HIV to keep the disease secret,” she said.
In a note sent to G1, the State Secretariat for Planning, Budget and Management (Seplag) informed that the simple fact that the candidate is infected with the HIV virus does not make him unfit for the position, requiring the analysis of each case, through a report doctor, and, therefore, it is not an exam that violates fundamental rights, but an exam with the objective of certifying the candidate's physical capacity, like all others provided for in the notice, such as the Physical Aptitude Test (TAF) and the psychological.
Seplag also states that the requirement for HIV serological testing under the terms set out in the notice is based on the opinion of the State Attorney General's Office based on the Federal Constitution, art. 10, § 4, of Law No. 2.066, of December 23, 1976.
