Administrativo - Constitucional
Páginas | 47-49 |
Page 47
Administrativo. Designação de servidor público. Cargo comissionado de diretor de escola. Ato discricionário da administração pública. Ingerência judicial vedada. - A designação de servidor público para o cargo comissionado de Diretor de Escola é de exclusiva competência discricionária da administração pública, vedando-se ao Judiciário adentrar no mérito administrativo, pena de invasão intrometida de poderes. (TJ/MG - Mand. de Segurança n. 1.0000.07.462659-9/000 - Belo Horizonte - 4º Grupo Câms. Cívs. - Ac. unânime - Rel.: Des. Belizário de Lacerda - Fonte: DJ, 11.12.2009).
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Administrativo. Concurso público. Candidato detentor de visão monocular. Direito a concorrer às vagas destinadas aos portadores de deficiência física. 1. O candidato portador de visão monocular enquadra-se no conceito de deficiência física, podendo concorrer às vagas de concurso público reservadas na forma prevista pelo art. 37, VIII, da Constituição Federal. Incidência da Súmula n. 377/STJ. 2. Recurso ordinário provido. (STJ - Rec. Ordinário em Mand. de Segurança n. 22613/RS - 5a. T. - Ac. unânime - Rel.: Min. Jorge Mussi - Fonte: DJe, 03.11.2009).
NOTA BONIJURIS: Assim dispões a Súmula 377/STJ: “O portador de visão monocular tem direito de concorrer, em concurso público, às...
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