Judicialization of selection mechanisms in Brazilian civil service examinations: A qualitative and quantitative analysis of case law (2008–2024)

Abstract

Public selection processes, under Law No. 14,965/2024, aim to select candidates fairly by assessing the knowledge, skills, and competencies required for the position. The OECD highlights a trend among countries to recruit candidates for the public sector not only on the basis of theoretical knowledge, but also by considering analytical and behavioral competencies. In Brazil, improving selection processes remains a pressing issue on the government’s agenda. To contribute to the debate and to the improvement of recruitment and selection policies in the public sector, this empirical study—conducted within the framework of Project BRA/21/011 – MGI (UNDP)—analyzed 2,451 court rulings concerning the selection instruments used in Brazilian public examinations, through the theoretical lens of judicial oversight of administrative autonomy. The objective was to develop an agenda identifying the issues most frequently subject to controversy at each stage of the evaluation process. The findings of this mixed-method study reveal, quantitatively, a high level of judicialization and, qualitatively, the development of an agenda comprising 213 issues most often contested in court, grouped into nine types of selection instruments commonly used in Brazilian civil service examinations. These results have the potential to inform the design of improved standards, guidelines, and public policies aimed at strengthening recruitment and appointment processes in Public Administration.