Charging for HIV testing in firefighters in Rio is suspended

The Public Prosecutor’s Office of the State of Rio de Janeiro obtained, this Thursday (27), a preliminary decision in the Court that determines that the State of Rio de Janeiro and the Social Institute for Universal Development (IUDS) suspend the requirement of the serology test for HIV from the public tender that was opened to fill positions for soldier and 3rd sergeant in the Military Fire Department (CBMERJ). The test is scheduled for this Sunday (30). In the decision, the Judgment of the 7th Public Treasury Court of the Capital recognized the rights of people with the HIV virus. “It is true that the position to be filled in the contest, that of a soldier in the Fire Department, requires the physical fitness of the candidate. However, the simple fact that the candidate is HIV positive does not, in itself, demonstrate the inability to exercise the duties of the position.” According to the public civil action filed by the MPRJ, the delivery of the result of the medical test for HIV serology, as a mandatory requirement for the admission of candidates to public office, is a discriminatory act and, therefore, unconstitutional. In the public civil action, the Public Prosecutor’s Office requires the State to refrain from making such a requirement in admission inspections, as well as in carrying out periodic health checks for active service members. In a note, the State Attorney General’s Office (PGE) reported that the state of Rio has not yet been subpoenaed. “As soon as it is notified, the State Attorney General’s Office will evaluate the legal measures to be adopted in the process”, says the text.

Agência Brasil