THE PRINCIPLE OF CONGENERITY IN THE EX-OFFICIO TRANSFER OF PUBLIC SERVANTS: A CRITICAL ANALYSIS OF THE JURISPRUDENTIAL INTERPRETATION OF ADI 3.324-7 AND GENERAL REPERCUSSION THESIS 601580 AND ITS IMPACT ON EQUALITY IN ACCESS TO HIGHER EDUCATION

Abstract

Ex officio transfer in higher education institutions in Brazil is a complex issue that involves the proper application of the rules established in Law No. 9,536/97 and the understanding of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ). This legal provision aims to protect the right to education of civil or military public servants and their dependents when there is a removal or transfer that entails a change of domicile. However, the application of this rule has been the subject of debate, especially regarding its indiscriminate use and the possibility of obtaining undue advantages. This academic article aims to conduct a study through a bibliographic review and documentary research on the aforementioned topic within the Federal University of the São Francisco Valley (UNIVASF). It presents the concept of the institute, the analysis methods used by higher education institutions in light of the legislation and the consolidated position of case law, in particular, ADI 3324-7 and the General Repercussion Thesis 601580. It also addresses opposing positions in the Federal Regional Courts where UNIVASF is located (TRF 1st Region and TRF 5th Region), when analyzing requests of this nature in lawsuits. It highlights the problem of the misuse of this mechanism by public servants from various spheres of public administration to circumvent the competitive system for access to university places in highly competitive programs, such as the Undergraduate Program in Medicine.