The Federal Attorney General (AGU) had the request to overturn the decision suspending the disclosure of the result of the Unified Selection System (Sisu) denied, this after the closing of registrations. The rejection occurred last Sunday night, 26, by the president of the Federal Regional Court of the 3rd Region (TRF-3), the judge Therezinha Cazerta.
However, the federal government can still appeal to the bodies of the Supreme Federal Court (STF) or the Superior Court of Justice (STJ). But, through the decision of the TRF-3, the injunction presented by the Federal Court of São Paulo remains, which denies the release of the results on a date scheduled in the Sisu 2020 calendar - on Tuesday, 28.
The 8th Civil Court of SP determined that the government validates that errors in the correction of the exams of the National High School Exam (Enem) 2019 have been resolved.
As for AGU, the São Paulo sentence constitutes "damage to all students who obtained grades necessary and that they will not be able to enter immediately and sooner in a public educational institution higher".
Report of the judge
Throughout the 24-page decision, the judge stresses that the suspension of the injunction is "an exceptional procedural mechanism", not serving to correct the decision of the lower court. Its concession depends on the variation in values such as health, safety and public economy.
In view of this, in his opinion, the government's argument that a judge from São Paulo could not take the decision, due to the fact that a similar action initially arrived in court in Brasília, it does not justify the suspension of the injunction. According to Therezinha Cazerta, it is up to the government to resort to its own channels to try to send the process to Brasília.
The president of the TRF-3 claims that, according to the Public Defender of the Union in SP, "there was a mistake in correcting the evidence" of Enem. Therefore, the understandings of the Federal Court of São Paulo "did nothing more than protect the individual right of Enem candidates to obtain, from the public administration, a secure and transparent position regarding the evidence that made".
In addition, according to the judge, there is a problem in the process, as nearly 6,000 candidates had their exams corrected. Thus, it is necessary to review the method applied to the other candidates.
"Thus, more than just correcting the proofs in which there was a graphic error - the first aspect of the problem - it would be necessary to collect a new sample - making it a universe in which all tests were correctly corrected -, calibrating the exam items again and producing, consequently, a new correction of all tests, in which these new tests were applied. parameters.”
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In light of the circumstances, as Therezinha Cazerta underlines, the São Paulo Court requested that the problem be remedied. The judge also highlighted that the government has not been able to prove whether it will have losses or not with the suspension of the Sisu 2020 process until it reaches the detailed investigation.
She also highlights that the situation that occurred promotes a “crisis” of “reliability” around Enem. Thus, the government must not refuse to offer “transparent satisfaction”.
"The effects arising from the decision of the lower court - the requirement that the State provide a transparent and adequate response, even if there is no change of grade, to those who requested it – they are not innocuous, but, on the contrary, they translate into the protection of rights of the competitors to take the exam to have the efforts they spent in taking the test respected by the public entity", says an excerpt from the decision.
In view of this, the decision of the first instance “requires, in short, that the Federal Union act with a minimum of responsibility in relation to the situation created by it, providing an answer”. In addition, it is necessary for the government to report whether the failure "harmed or benefited" any candidate, reports the judge.
In these terms, "continue the schedule, in this direction, without adequately facing the consequences of something caused by the Union itself Federal is the one that is a risk to the country's educational policy, and not the other way around, because it implies, as is clear from these records, validating the results of an examination, using it to define the future of people and guide public policies, without a minimum degree of transparency. respect for the requests presented by the candidates and a reassessment of the impact that the mistake had on the other candidates”, emphasizes Therezinha Cazerta in the decision.
government position
In the 60-page appeal sent to the TRF-3, the AGU claimed not to have been formally notified of the decision of the São Paulo Court. However, she says she has resorted to it before, "in view of the serious risk of injury for all programs of the Ministry of Education for access to higher education", considering that with the Suspension of Sisu 2020, after the application deadline, other processes could be compromised, such as the University for All Program (Prouni) and the Financing Program Student (Fies).
Furthermore, the government emphasizes to the TRF-3 that, as soon as the problems arose, it adopted “all the necessary administrative measures to solve the problems”. In addition, there are numerous actions filed by Brazil, even prior to the one in São Paulo and, given that, the State's court could not be held responsible for the actions. Thus, as the Federal District Court first obtained a lawsuit, it should be responsible for analyzing the actions.
The AGU also reports that the Public Defender's Office, the author of the action to kick off the decision, has a designation only for the interest of needy people. "The DPU has no legitimacy to defend the specific interests of this group of students without that an assessment has been made of the real state of under-sufficient of these students", declares the resource.
*With information from G1
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