Policing Advance Access published February 13, 2016

Article

The Effects of Legal Judgments on

Psychological Evaluations in the Brazilian
Federal Police

Downloaded from http://policing.oxfordjournals.org/ at RMIT University Library on February 26, 2016

Andersson Pereira dos Santos

Abstract Psychological evaluations are an important phase in the recruitment and selection process for
new members of police forces. Psychological tests consist of the application of scientific procedures for assessing
psychological standards, analysing behaviour, personality, and competencies of candidates for police positions.
Brazilian legislation and jurisprudence have limited the use of psychological assessments during recruitment
for public office as the higher courts consider the use of group dynamics, role play, and interviews to be illegal
due to the subjective opinions demonstrated during assessment. This article analyses the effects of judgements in
the recruitment and selection process for the Brazilian Federal Police and the implications of these decisions in
the management of people in the organization who are responsible for managing the mental health of federal
police distributed around the country. Key issues are raised in relation to mental health problems and
absenteeism.

Introduction
A key component in maintaining high productiv-
ity in organizations is the selection of people
capable to perform its activities (Hunter and
Hunter, 1984). The personnel selection process
involves the exchange of information between
applicants and organizations (Bangerter et al.,
2012), seeking to select individuals who hold
exceptional skills and whose talents, values, and
motivations can contribute to organizational ef-
fectiveness (Thomas and Scroggins, 2006). Police
and similar organizations around the world face
the challenge of selecting its members, who are
expected to behave according to certain standards
(Lough and Von Treuer, 2013). The unique nature
of policing requires a selection process that iden-
tifies individuals who are able to cope with the
demands of police work satisfactorily (Beutler
et al., 1988; Rezende and Pasquali, 2009).
To enforce the law, police officers may deprive
others of their freedom and, in extreme circum-
stances, even their life, which results in the grant-
ing of a special authority to officers (Hogue et al.,
1994; Fischler, 2004; Sellbom et al., 2007). Thus,
because of their peculiar activities, selecting people


Delegado de Polı́cia Federal (Police Commissioner), Head of the Division of Planning and Execution of Personnel Selection,
Brazilian Federal Police; Academia Nacional de Polı́cia, Rodovia DF 001, KM 02, Setor Habitacional Taquari, Brası́lia/DF,
CEP71559-900, Brazil. E-mail: anderssonpereira@hotmail.com

Policing, pp. 1–8

doi:10.1093/police/pav053
ß The Author 2016. Published by Oxford University Press. All rights reserved.
For permissions please e-mail: journals.permissions@oup.com
2 Policing Article
for these institutions demands even greater atten-
tion with the application of the best available sci-
entific criteria (Rostow and Davis, 2004). The
selection process should filter the candidates who
are not suitable and identify those with the most
favourable characteristics for the profession
(Police Integrity, 1997). In this sense, the psycho-
logical evaluation is an important personnel selec-
tion tool that allows the identification of
candidates holding the desirable skills (Thomas
and Scroggins, 2006) and the exclusion of those
considered inadequate (Metchik, 1999; Weiss
et al., 2013). Through the psychological evalu-
ation, information is obtained about the charac-
teristics of the candidates, which are compared
with the attributes that make up the desired pos-
ition profile (Faiad et al., 2012). The use of psy-
chological profiling has been recognized as a useful
tool for evaluating candidates for jobs (Lough and
Ryan, 2006; Faiad et al., 2012) and is established in
the selection process for admission to the police of
the USA.
In Brazil, the police face the challenge of har-
monizing the use of scientifically approved in-
struments of selection with the restrictions
imposed by law and by Brazilian jurisprudence,
which limits the application of psychological
evaluation in the selection for public office
(Maia and Queiroz, 2007). The superior courts
consider the use of some types of techniques
and methods of psychological assessment to be
illegal due to their subjective nature, for instance,
group dynamics, role play games, and interviews
(Carvalho, 2010; Thadeu et al., 2012). The
Federal Police of Brazil has endured the conse-
quences of these limitations, seeking to combine
the selection of practices supported by evidence-
based science with respect for the rules and deci-
sions of the courts. This article addresses the
impact of judicial decisions upon the recruitment
and selection process of the Brazilian Federal
Police and the implications of these decisions in
the management of mental health of federal
police distributed across the country.
A. P. dos Santos
Psychological evaluations and
police selection processes
Research shows that the police profession is one of
the most stressful (Brito and Souza, 2004; Anchieta
and Galinkin, 2005; Huddlleston et al., 2006). The
police work in a social system that requires the abil-
ity to adapt to unusual demands and be willing to
expose themselves to danger (Beutler et al., 1988).
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The officers often handle the most negative aspects
of human nature and should have suitable psycho-
logical characteristics to carry out police activity.
A police agency has a legal duty to guarantee that
police officers are mentally and emotionally fit to
perform their duties. A failure to do this can result
in significant civil liability for the organization and
the State (Brito and Goulart, 2005; Fischler et al.,
2011). Counterproductive behaviour can occur on
or off duty, resulting in threats to the community
and the police officer.
In the USA, the application of psychological
evaluations for law enforcement jobs was recom-
mended by the National Advisory Commission
on Civil Disorders in 1968, when it was reported
that the selection of policemen was insufficiently
rigorous to eliminate candidates who had person-
ality disorders or similar problems. The commis-
sion’s report suggested that law enforcement
agencies would use psychologists and psychiatrists
to conduct interviews with candidates and that they
would be subjected to a battery of psychological
tests to determine whether they were qualified for
police work (Murphy, 1972). Since then, the psy-
chological evaluation has established itself as one of
the core components of the police selection process
(Dantzker and Freeberg, 2003), being applied in
more than 90% of American agencies that serve
communities with more than 25,000 residents
(Cochrane et al., 2003).
In recent years, the management of, and respon-
sibility for, police behaviour has become a political
and financial issue in many localities due to
increased demand for police psychologists to use
psychological assessments to exclude applicants
Effects of legal judgments
whose future behaviour might result in miscon-
duct, violations of citizens’ rights (Brennan et al.,
2009), delays, and absenteeism (Shusman et al.,
1984; Detrick et al., 2004). Addressing these issues
helps police organizations reduce the costs of police
officer absence (Guller et al., 2002). Research shows
that psychological tests enable the identification of
signs of depression, paranoia, or schizophrenia
(Dantzker and Freeberg, 2003), which may influ-
ence the officer’s future behaviour. Thus, the psy-
chological evaluation is an important tool that aims
to determine whether candidates possess the
required mental or emotional attributes for the per-
formance of police work (Reis and Faiad, 2014) and
predicts job performance in public security activ-
ities (McGrath and Guller, 2009).
The Brazilian context
Between 1970 and 1990, psychological tests were
rarely used in Brazil (Pasquali and Alchieri, 2001).
During this period, there was little scientific re-
search on this theme or updates of its standards
and this was reflected in the quality of training of
professionals working in the psychological assess-
ment area. At that time, psychologists practiced
psychological evaluation without rigorous prepar-
ation for using the techniques and methods that
existed and this resulted in much public criticism
and numerous lawsuits against the results of psy-
chological tests in selection processes. Thus, for a
long period, psychological evaluation was rejected
due to unrealistic expectations and insufficient re-
liability (Noronha and Vendramini, 2003).
From the 1990s onwards, the psychological
evaluation again became important in the national
context with discussions and research focused on
the development of indicators, more specific cri-
teria and instruments to improve training and pro-
fessional practice in targeted areas (Noronha and
1
Extraordinary Appeal No. 243.926-6/CE.
2
Special Appeal No. 26.407-1/ DF.
3
Special Appeal No. 1.197.828/DF.
Article Policing 3
Alchieri, 2002; Noronha et al., 2005). However,
even with the resurgence of psychological evalu-
ation in the Brazilian context, the selection process
for entry into the Brazilian police continued to face
barriers arising from the previous abandonment of
psychological tests. The Brazilian superior courts
confirmed that techniques that involved subjectiv-
ity on the part of the evaluator, for example, the
interview, would not be allowed (Thadeu et al.,
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2012). After successive lawsuits, the Brazilian fed-
eral government issued Decree no. 6.944/2009, on
21 August 2009, preventing techniques such as psy-
chological profiling (Brum, 2011). According to the
decree, the psychological evaluation could only
eliminate candidates with psychological problems
and not those candidates who did not have a suit-
able psychological profile for the job.
The Supremo Tribunal Federal ruled that the ap-
plication of psychological evaluations in selection
for public office using subjective criteria was illegit-
imate.1 The Superior Tribunal de Justiça, the court
responsible for the standardization of Brazilian jur-
isprudence, subsequently decided that the use of an
interview in psychological assessment was not pos-
sible2 and that projective tests could not be used.3
The decisions made by the superior courts require
public agencies to prioritize objective psychological
tests to avoid judicial intervention (Thadeu et al.,
2012). Therefore, projective techniques, interview,
role play games, and group dynamics are not used
because they are seen by the judiciary as subjective
methods. However, these techniques are applied in
selection events for jobs in private organizations
without any legal challenge. Curiously, any
Brazilian citizen who is not a policeman and
wants to carry a firearm has to submit to a psycho-
logical evaluation which includes a projective test, a
semi-structured interview, and other instruments,
as required by the Federal Police and the Brazilian
judiciary.
4 Policing Article
Given the legal restrictions, a significant tech-
nical question emerges. According to Reis and
Faiad (2014), there are few instruments of psycho-
logical evaluation that are validated for use in the
selection of applicants for positions of public secur-
ity and these instruments are exposed on the
Internet in detail which restricts their utility
(Faiad, 2007). Furthermore, courses are provided
by psychologists who train and prepare candidates
for psychological tests, instructing them to mask
their true personalities and abilities, and allowing
the qualification of people without the emotional
conditions to effectively perform police duties
(Thadeu et al., 2009; Anache and Reppold, 2010).
Some actions have been adopted to combat the
spread of psychological tests on the Internet. A
public civil action was petitioned to determine
the removal of the tests and its manuals from the
Internet4 and several complaints were made to the
Federal Council of Psychology against psycholo-
gists who trained candidates, but without success.
Another significant issue is the Supreme Court’s
interpretation that the police job profile, which
contains the criteria that will guide the psycho-
logical evaluation, should be published prior to
the application of psychological testing.5 The legal
position of the Brazilian Supreme Court ultimately
interferes in the use of psychological evaluations. It
forces the organization to present to the applicant a
pattern of responses which best harmonizes with
the desired job (Maia and Queiroz, 2007) and
allows applicants to answer the questionnaires ac-
cording to the appropriate approach suggested by
psychologists. Furthermore, several judicial deci-
sions from the lower courts admitted candidates,
who had previously not been recommended in psy-
chological assessments, for police jobs. A survey
conducted by Brito and Goulart (2005) in a re-
gional Brazilian police agency found that there
was a significant incidence of deviant behaviour
4
Public Civil Action No. 27746-37.2012.4.01.3400—In course of the 21th Federal Court of the Federal District.
5
Writ of Mandamus No. 30.822/DF.
6
ARE No. 753.331 AgR/RJ.
A. P. dos Santos
from police officers who failed the psychological
examination and were subsequently admitted by
court order. The study confirmed the importance
of psychological evaluation in deviant behaviour
prognosis.
Finally, it is worth mentioning that the Supremo
Tribunal Federal has held that the background in-
vestigations involved in the selection for public
office can only exclude candidates if they have
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been convicted by final and un-appealable judge-
ment.6 For this reason, according to the decision of
the Supreme Court, the background investigation
cannot exclude candidates for police positions that
have histories of antisocial behaviour, illegal drug
use, or hospitalization in psychiatric clinics.
The Brazilian federal police
selection process: the effects of
legal judgements
Until 2001, the Brazilian federal police applied a
psychological evaluation consisting of objective
tests (to evaluate cognitive ability and personality),
projective techniques, and interviews during the se-
lection process. These selections were questioned
because of the use of the last two techniques.
Table 1, which is based on documents produced
by the Personnel Management Board of the
Federal Police, presents the number of applicants
not recommended by psychological evaluation who
subsequently filed lawsuits and then entered the
Federal Police due to results of the court order.
Since 2004, the federal police have been following
the jurisprudence of the higher courts, applying
only objective tests that seek to evaluate cognitive
ability and the personality of applicants. However,
despite the changes made in the psychological
evaluation, 151 applicants joined the Federal
Police by court order, as can be seen in Table 2.
Effects of legal judgments Article Policing 5

Table 1: Candidates with lawsuits against the psycho- Table 2: Candidates with lawsuits against the psycho-
logical evaluation (1993–2001) logical evaluation (2004–12)

Year Number of Number of Year Number of Number of

candidates candidates candidates with candidates
with lawsuits who have been lawsuits who have been
against the successful against the successful
psychological with the psychological with the
evaluation lawsuit evaluation lawsuit
1993 377 280 2004 426 129
1997 42 15 2009 92 12

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1998 15 10 2012 95 10
2000 5 1 Total 613 151
2001 163 69
Total 602 375

181 in 2012–13, an increase of 411.36% out of a

Table 3 presents the number of successful candi-
dates after the adoption of limitations on psycho-
logical techniques.
The data presented in Table 3 demonstrate that
after the withdrawal of interviews and projective
tests, the percentage of successful candidates in psy-
chological assessment has increased year on year.
The numbers corroborate with the hypothesis for-
mulated by psychologists responsible for evaluation
of the Federal Police; that candidates are preparing
for the psychological evaluation, especially to pre-
sent socially desired responses in personality tests
(Detrick and Chibnall, 2008). This hypothesis is
based not only on the reduction in failure rates
but also on the consistent use of the same tests
(Reis and Faiad, 2014), the availability of material
on the Internet (Faiad, 2007), and the availability of
psychologists to train applicants (Thadeu et al.,
2009; Anache and Reppold, 2010).
Data from the selection process of another
Brazilian law enforcement agency corroborate this
evidence that the previous training had been influ-
ential in psychological evaluations, as can be seen in
Table 4.
The data on absenteeism in the organization also
deserve consideration. Reports produced by the
medical service of the Federal Police showed that
the number of officers working in the capital who
were receiving treatment for mental and behav-
ioural disorders increased from 44 in 2011–12 to
total of 1,689 policemen. The days of absence
increased from 1.473 to 7,074, representing a leap
of 480.24% (Nunes, 2015). Similar levels of absence
were observed in 2013–14 when 175 police officers
were absent for a total of 6,501 days. The report
demonstrates the urgent need for research on the
psychological evaluation used in the selection pro-
cess and on the whole mental health policy of the
organization.
Conclusion
Law enforcement organizations around the world
use the psychological evaluation as a tool to verify if
their applicants are mentally and emotionally pre-
pared to undertake the police function. Similar in-
stitutions to the Federal Police of Brazil, such as the
Australian Federal Police, the Real Canadian
Mounted Police, the Police Nationale of France,
the Policı́a Nacional de Colombia, the Policı́a
Federal Argentina, the South African Police
Service, the Federal Bureau of Investigation, and
the Policı́a Nacional da Espanha use assessment
procedures which assess cognitive skills and per-
sonalities via tests and interviews, complemented
by background investigation.
The literature review of other police departments
did not identify similar legal and judicial restric-
tions to those imposed on the selection process of
Brazilian police forces. Restrictions on psycho-
logical assessments in Brazil are a cause for concern
6 Policing Article A. P. dos Santos

Table 3: Evolution of the number of recommended candidates and not recommended in psychological assessment
in selection processes of the Federal Police

Year Job Recommended Not Percentage of

position candidates recommended not recommended
candidates candidates
2004 Delegado 1,259 312 19.86
2012 Delegado 148 10 6.33
2004 Perito 1,440 374 20.62
2012 Perito 184 12 6.12
2004 Agente 4,094 778 15.97

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2009 Agente 472 83 14.95
2012 Agente 826 123 12.96
2014 Agente 860 109 11.25
2004 Escrivão 1,092 300 21.55
2009 Escrivão 863 148 14.64
2012 Escrivão 588 29 4.70
2004 Papiloscopista 511 62 10.82
2012 Papiloscopista 138 14 9.21

Table 4: Evolution of the number of recommended exercise the police function (Brito and Goulart,
candidates and not recommended in psychological as- 2005). What is being indicated, based on this
sessment in selection processes of other federal police
force in Brazil data, is the need to understand the impact of the
application of a limited psychological evaluation
Year Recommended Not Percentage
candidates recommended of not and to identify alternatives for the selection of
candidates recommended police. In this sense, it is urgent to conduct research
candidates
that can provide more precise information about
2002 832 197 19.14 this issue to influence the discussion about possible
2003 5,465 1,211 18.14
changes in legislation and Brazilian jurisprudence
2013 2,851 276 8.83
(Brito and Goulart, 2005; Ávila-Batista, 2009).
Finally, it is concluded that the way the psycho-
logical evaluation is being applied in the selection
for managers of law enforcement agencies, particu- process for public office in Brazil has caused diffi-
larly because there is a high level of competition for culty in managing the mental health of federal
police positions which is driven by high unemploy- police. The Federal Police cannot currently
ment. This presents danger in attracting unsuitable provide a selection process underpinned by the
people whose prime motivation is the stability best scientific research and, due to the limitations
conferred by public office (Brito and Goulart, on techniques and methods that can be used, do
2005; Thadeu et al., 2012). not know the full psychological profile of new of-
There is no research conducted in the context of ficers. The question is even more important when
the Brazilian Federal Police that evaluates the we see that this is an organization that has oper-
impact of these restrictions on psychological assess- ations throughout the country with officers dis-
ments. However, according to the data presented, tributed in 97 cities across Brazil, at the borders
there are indications that judicial decisions are and in the Amazon rainforest region, which makes
facilitating the entry of applicants who do not it even more difficult to monitor the mental health
have the appropriate psychological attributes to of police officers.
Effects of legal judgments
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Anais do IV Congresso Brasileiro de Avaliação
Psicológica. Brasil: Universidade São Francisco.
Thomas, S. L. and Scroggins, W. A. (2006). ‘Psychological
Testing in Personnel Selection: Contemporary Issues in
Cognitive Ability and Personality Testing.’ Journal of
Business Inquiry 5: 28–38.
Weiss P. A., Vivian J. E., Weiss W. U., Davis R. D., and
Rostow, C. D. (2013). ‘The MMPI-2 L Scale, Reporting
Uncommon Virtue and Predicting Police Performance.’
Psychological Services 10(1): 123–130.