THE ACTION OF PMPR COUNTERINTELLIGENCE IN SOCIAL INVESTIGATION AFTER THE THESIS FORMULATED IN EXTRAORDINARY APPEAL No. 560.900/DF

Abstract

Admission to public careers requires a public tender. Entry requirements must respect the constitutional principles of art. 37 of the Federal Constitution. Based on the principle of morality, certain careers require the applicant to have moral suitability to enter the public service. This is the case of the Military Police of Paraná, as provided for in State Law 1943/54, with the Corporation's Counterintelligence being responsible for carrying out the social investigation in order to support the decision of the Committee appointed to assess the candidate's past life. Inevitably, the criminal past of the candidate for office emerges, which ends up causing his elimination from the contest. As a result, judicialization is invariably sought, opposing two constitutional principles – the principle of administrative morality and the principle of the presumption of innocence. Thus, judicial decisions of the Court of Justice of the State of Paraná, of the Superior Court of Justice and mainly the decision of the Federal Supreme Court conceived in the judgment of Extraordinary Appeal nº 560.900/DF, which formulated thesis of general repercussion in order to bind the decisions are analyzed. other bodies of the Judiciary and Public Administration. It turns out that, despite the discussions in plenary, the decision did not envisage the reservations to State careers, presenting practical problems to the Military Police of Paraná in its social investigation process, notably in situations of involvement in serious crimes when the incompatibility of the candidate is clear with the exercise of the office.