A discriminação no acesso ao emprego público em razão do antecedente criminal

Abstract

The right of access to the public service consists of not being prohibited from accessing positions put up for competition, as long as the necessary requirements are met, not being passed over by someone else in inferior conditions and not allowing discretionary choices by the Public Administration. Discrimination based on criminal record has gained ground within some public institutions, to such an extent that, in their public competition notices, the requirement that establishes the absence of convictions with a prison sentence of more than two years in prison has been imposed, although, this requirement has been eliminated from the law. The principle of non-discrimination aims to “ensure that the State treats its citizens as fundamentally equal citizens”. Therefore, when accessing public employment, as a rule, everyone must be treated equally, with only the requirements that the law establishes for access to the State apparatus being valid. Therefore, those who have been sentenced to a prison sentence of more than two years and those who have no convictions must receive the same treatment, because, in access to public service, the principle of prohibition of discrimination prevails, since the dignity of the human person is the foundation of the right to work