Social investigation for assessing moral integrity and irreproachable conduct in public service examinations

Abstract

This work aims to analyze, from a theoretical-doctrinal perspective, the legal validity of aspects related to social investigations in public service examinations, intended to assess the fulfillment of the requirements of moral integrity and irreproachable conduct imposed by law on candidates as conditions for entry into certain public careers. These requirements, in the notices, are broken down into other demands. Validity will depend on its relationship with the effective public interest and its coherence with applicable constitutional principles. In the absence of elements that allow for a consistent decision, the candidate should be maintained in the competition. The principle of full defense implies that the exclusion decision must be reasoned, allowing for the filing of an administrative appeal, and preceded by the opportunity for defense, given the seriousness of the act. This work is also useful in providing support for the necessary standardization of criteria for conducting social investigations.