The Federal Court in São Paulo extinguished this Friday, 19, the lawsuit filed by the Public Defender of the Union (DPU) to force the National Institute of Educational Studies and Research Anísio Teixeira (Inep), responsible for organizing the National High School Exam (Enem), to prove the security of the evidence against leaks, fraud and interference. The first phase of the entrance exam, the main entrance to higher education, takes place on Sunday, 21, for 3.1 million candidates.
The decision is made by Judge Tiago Bittencourt de David, a substitute at the 14th Federal Civil Court of São Paulo, for whom the action of early production of evidence, a legal type chosen by the DPU, could not be used to demand information from Inep. In the judge’s assessment, defenders should have used extrajudicial means to oversee the examination.
“The DPU has to dispose of several legal instruments for the search for information and documents, among which its power of requisition, the civil inquiry, the right to petition, among many others. Nothing insinuates that it needs to resort to a lawsuit, including that of an early and autonomous production of evidence, when it can – and should – avail itself of extrajudicial means pertinent to the fulfillment of its attributions”, says an excerpt from the decision.
The judge also considered that opening a case would result in ‘unhelpful and endless discussion’ on an ‘absolutely generic’ topic.” everything published in the press just didn’t happen,” he adds.
The DPU filed a lawsuit last Wednesday, 17th, when it demanded details about the measures adopted by Inep to prevent leaks and fraud after the mass dismissal request of servers who worked directly in the preparation of the test. In all, 37 technicians handed over the positions on the eve of the exam and amid reports of alleged psychological pressure and surveillance in the formulation of Enem, to avoid issues that could upset the ideological core of the Jair Bolsonaro government.
The president himself even said that the entrance exam is beginning to ‘have the face of the government’. Defenders also requested information about possible entry of people into restricted areas, with access to test items, and exclusion of exam questions without technical justification.
Yesterday, the Federal Court in the Federal District blocked another legal offensive against Inep. The court recognized “signs of mismanagement or abuse of power”, but concluded that “further investigation” was necessary and rejected a request from educational entities to remove the institute’s president, Danilo Dupas.
Reference: CNN Brasil
