Michelle Cristina Vertelo de Souza Souto, 42, from Minas Gerais, took legal action after being disqualified in the medical evaluation stage of the public competition for the Criminal Police of Minas Gerais.
The candidate was considered unfit by the AOCP Institute panel, which runs the competition, for using Tamoxifen, a hormonal medication used to reduce the risk of breast cancer returning. She even filed an administrative appeal with the institute, part of the selection process itself, against the disqualification, but the request was denied.
The competition notice states that candidates with "active malignant neoplastic disease and/or no defined cure criteria" cannot take up the position. The selection process has six stages, and Michelle was disqualified in the third, medical evaluation. See the phases:
Objective test and writing;
Psychological aptitude test;
Medical evaluation;
Physical fitness test;
Social research;
Technical-professional training course.
Michelle was diagnosed with breast cancer in May 2025 and underwent chemotherapy and radiotherapy.
According to medical reports and recent exams presented by her, the disease is not active. A mammogram carried out in July this year showed "absence of mammographic signs of malignancy".
Competition denied appeal against disqualification
In response to the administrative appeal presented by the candidate, the AOCP Institute panel stated that the continued use of the medication indicates that she is still undergoing treatment and that the documents presented do not prove the oncological discharge.
After having the administrative appeal denied, Michelle filed a lawsuit.
g1 contacted the AOCP Institute. In a note, the body announced that it is not authorized to disclose, confirm, detail or publicly comment on health information or personal data of specific candidates due to the General Data Protection Law.
The institute also stated that all acts in the clinical evaluation stage strictly follow the objective criteria set out in the opening notice and that the analysis of reports and exams presented in administrative appeals is conducted by qualified professionals, bound by the rules.
The AOCP Institute states that it will provide, when requested by the Judiciary, all clarifications and documents relevant to the case.
Legal fight
Michelle asked the court for an injunction to continue in the competition while the process is analyzed.
In the request, Theme 1,015 of the Federal Supreme Court (STF) was cited. The thesis established by the STF considers it unconstitutional to prevent candidates who have had a serious illness from taking office in a public competition, but who do not present disabling symptoms or relevant restrictions that prevent the exercise of the function.
The Supreme Court's understanding was reached after another woman from Minas Gerais, who also had breast cancer, faced similar difficulties due to the fact that the disease had been inactive for less than 5 years.
"This topic is essential in my case, because in addition to the reports and medical exams that show that I no longer have cancer, this topic protects me from continuing in the competition", says the candidate.
In Michelle's case, the injunction was denied. The Court understood that, at that time, there were not enough elements to grant the urgent request and considered that, if the candidate was recognized as having aptitude at the end of the process, she could be reinstated in the competition.
Michelle appealed the decision through an interlocutory appeal, a type of appeal made to challenge a previous decision by the judge that does not put an end to the process and can harm whoever is appealing. The request, however, was also denied. The candidate fears that the delay in a court decision will harm her.
"Now I'm waiting for the court to decide on the merits, but as the competition is in progress, and the phases are happening very quickly, I run the risk that when the decision is made and is favorable, it will lose its effect" reports the candidate.
According to the woman, the Physical Fitness Test and the Social Investigation Phase have already been lost. In addition to these two phases, it is still necessary to complete the Training Course for the position of criminal police officer.
