Approved in a public competition to work as a teacher and prevented from taking up the position due to an alleged lack of healthcare facilities, Manoella Treis, aged 29, had already taught on the same campus when she received the diagnosis.
Due to her need for continuous health treatment, the Federal Institute of Education, Science and Technology of Rio Grande do Sul (IFRS) considered that the health infrastructure available in the city of Veranópolis, in Serra Gaúcha, where she would teach, would be insufficient for her health conditions.
However, she had previously taught on the same campus — precisely when she received her diagnosis. Manoella, who made national news when she became a doctor under the age of 25, in 2021, has Autism Spectrum Disorder (ASD) and is being treated for an autoimmune condition called type 2 inflammatory disease. She uses injectable medication three times a month.
The diagnosis of the inflammatory disease occurred in 2023, during which time she was already working as a teacher at the IFRS campus in Veranópolis, where she remained until 2024. At the time, she states that she was using the same medication and claims that the treatment did not prevent her from working.
"From a health point of view, I can say that I have never been so well. [...] Thanks to the support of the SUS and the health plan, I have access to modern treatment with injectable pens. I apply the medicine on three Fridays of the month, a strategy that allows me to rest at the weekend without compromising my academic and research routine", he explains.
She considers herself to be fully capable of carrying out her role and argues that her health treatment would not affect her work. After completing the two-year contract period, she decided to take the test to get a permanent position as an Administration professor at IFRS, in Veranópolis.
"My dream was an academic career and I was called to be a substitute professor in Administration. I believe that I will generate impact and transfer knowledge. Research, science and knowledge need to be disseminated in some way", she says.
She ran for a position reserved for people with disabilities (PwD) due to ASD and the inflammatory disease. The competition notice is for 2023 and the result was approved in April 2024. "In the PwD classification, the 5th place in the area would become mine", he says.
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In a note, the IFRS says that "the conclusion was that teaching was incompatible in the municipality chosen to practice the profession due to the lack of healthcare facilities". Read the full below.
Questioned by the defense, the São Peregrino Lazziozi Community Hospital, in Veranópolis, says that it has urgent and emergency services through an emergency room and is capable of applying injectable immunobiological medications in an outpatient setting. Manoella considers that the structure would be sufficient to continue with her treatment.
In order to try to reverse the decision, the researcher filed a lawsuit.
"I trust that the Court will enforce the law, guaranteeing not only my compensation, but setting precedents so that other people with disabilities do not suffer the same embarrassment. I just want to exercise my right to work on what I chose, dedicated myself to and achieved on merit", says the researcher.
Doctor before 25
🎓 In 2021, Manoella completed her doctorate in Public Policy at the Federal University of Rio Grande do Sul (UFRGS) at the age of 24 years, 11 months and three days.
Manoella defended the thesis "Analysis of the Formation of a Government Agenda on Public Policies for Women with Endometriosis: A case study on Brazil and Australia". She chose the topic because she lives with the condition. The research was completed in 18 months. She then went through an administrative process at UFRGS, which authorized the defense in less than two years. In the end, he defended his work after 19 months.
The Ministry of Education informed g1 that "the available records show three researchers with degrees up to the age of 25: one at 22, in 2021; another at 24, in 2024; and the third at 25, also in 2024."
Expert doctor considered her 'unfit'
In an examination carried out on May 26 of this year, the medical expert considered her unfit for the location scheduled for the event.
To g1, IFRS said that, for taking office in a federal public position, the law establishes the need for an official medical inspection. The expertise was carried out after Manoella chose the municipality in which she would work. "The assessment by the IFRS medical board did not question his ability to practice the profession. The conclusion was that it was incompatible with teaching in the chosen municipality."
According to lawyer Thamyres Luz, who represents the researcher, no technical incapacity to practice teaching was identified. The conclusion of unfitness would be related to the so-called "geographical incompatibility", involving their health conditions.
"To this day, I remain unclear about my real situation in the competition, but I trust the Court to guarantee my right to teach at the institution", highlights Manoella.
Case was taken to court
The case was taken to the Federal Regional Court of the 4th Region (TRF-4) and the Federal Supreme Court (STF).
In the action in the Federal Court, she requests an injunction to suspend the effects of the unfitness report, guarantee her immediate appointment and investiture or guarantee the reservation of the vacancy until the trial. To the STF, she alleges violation of constitutional principles and precedents related to the inclusion and access of people with disabilities and chronic conditions to public service.
According to Manoella's lawyer, on August 28, IFRS formalized the opening of a vacancy for an Administration professor at the Rolante campus, a municipality close to Manoella's residence, who lives in Novo Hamburgo. The defense requested its precautionary blocking, as it argues that the vacancy could be allocated to the researcher.
The TRF-4, however, denied the request for urgent relief seeking his immediate appointment. In the decision, judge Carlos Lenz understood that there are still not enough elements to rule out the presumption of legitimacy of the medical board's act that considered the candidate unfit due to an alleged incompatibility between her health needs and the medical infrastructure available in the city.
The judge highlighted that, although the author has the capacity to teach, documents presented by her own doctors point to risks related to the change.
According to TRF-4, the controversy involves complex technical issues that require the production of evidence, a statement from the public administration and possible judicial expertise, which prevents a definitive decision at an early stage of the process.
The alternative request to reserve the place was also rejected. The TRF-4 maintained, for now, the validity of the administrative act that declared the candidate unfit, highlighting that the demonstration of possible illegality will depend on the deepening of the procedural investigation. The case continues to be processed in court.
Manoella Treis — Photo: Personal archive
What does IFRS say
"The Federal Institute of Education, Science and Technology of Rio Grande do Sul (IFRS) was aware of the video circulating on social media. The institution respects the candidate's trajectory and her testimony. Issues related to inclusion, accessibility and the rights of people with disabilities are treated by IFRS with seriousness and commitment to complying with legislation.
In the case in question, the candidate participated in a public competition carried out by IFRS and was approved for the teaching position, through the reservation of vacancies. During the call, the candidate was offered two accommodation options, on the Veranópolis and Erechim campuses, and she opted for Veranópolis.
To take office in a federal public position, Law No. 8,112/1990 establishes the need to carry out an official medical inspection. After appointment, at the admission medical inspection, the candidate presented documentation that proved her status as a person with a disability and another health condition, and additional documents were requested.
The candidate's attending doctors informed that the health structure available in Veranópolis would not be sufficient to meet her treatment and monitoring needs.
The IFRS medical board's assessment did not question his ability to practice the profession. The conclusion was that teaching was incompatible in the municipality chosen to practice the profession due to the lack of healthcare facilities, according to the opinions of the candidate's own doctors.
The administrative procedure was conducted in accordance with the competition notice and applicable legislation, including the rules that regulate medical expertise in the federal public service.
Subsequently, the candidate appealed to the Judiciary to question the decision. To date, the administration's acts (IFRS) have been validated by the Federal Court in the 1st and 2nd instance (interlocutory appeal). The process, however, continues its regular course and there is still no definitive decision on the merits of the matter. IFRS will fully respect the decisions that may be made.
Finally, the institution reaffirms its commitment to inclusion, accessibility and respect for people with disabilities, as well as to observing the principles of legality, impersonality and equality in the conduct of its administrative processes. IFRS remains available to provide appropriate clarifications through official channels, always observing the legal limits of confidentiality and data protection."
Manoella Treis completed her doctorate at UFRGS at the age of 24 — Photo: Personal archive
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