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Supreme Court considers constitutionality of the racial quota system

04/25/2012

This article was translated by an automatic translation system, and was therefore not reviewed by people.


 


Daniella Jinkings
Reporter Agency Brazil



Brasilia - The Supreme Court (STF) judges today (25) the constitutionality of the reservation of places in public universities based on the racial quota system, the University of Brasilia (UNB). According to the lawsuit, filed by Democrats (DEM), are being violated several fundamental precepts laid down by the 1988 Constitution, such as human dignity, the color prejudice and discrimination affecting their own fight against racism. The rapporteur of the case is Justice Ricardo Lewandowski.

The DEM will occur further argued that "irreparable harm if the registration is based on racial quotas, based on criteria concealed, unconstitutional and pretentious." For the party, is characterized "offense unsuccessful students" and therefore he asks the Supreme urgent response.

The UNB was the first federal university to institute a quota system in June 2004. Administrative and legislative acts determined the reservation quota of 20% of total vacancies offered by the institution to black candidates (between black and brown).

Affirmative action is part of the Target Plan for Social Integration of Ethnic and Racial UNB and was approved by the Board of Education and Research. In the first bone, the quota system was responsible for 18.6% of the candidates. To them, were intended 20% of the total vacancies for each course offered. The commission has implemented quotas for blacks was also responsible for the agreement between UNB and the National Indian Foundation (Funai), signed on March 12, 2004.

There are at least three other suits on the same subject at the STF. The diversity of opinions on the quota system in education led to a series of public hearings at the Supreme Court in March 2010. During three days, about 40 experts in the field argued the pros and cons of affirmative action.

The minister Lewandowski welcomed requests to participate in the trial, on condition that friends of the court (amicus curiae), the Public Defender of the Union, the National Indian Foundation (FUNAI), the Institute of Racial and Environmental Advocacy (Iara) Movement Brown Mestizo Brazilian (MPMB), the Palmares Cultural Foundation, the Unified Black Movement (MNU) and Education and Citizenship Afrodescentes and Needy (Educafro).

This is the first trial in the management of the plenary Minister Ayres Britto, who took office as president of the Supreme Court last Thursday. Action on racial quotas is the third controversial case to be tried in less than a month. In the weeks before the Supreme Court authorized the advance of delivery in case of an anencephalic fetus and the trial began on the maroon titling.

In addition to the quota system, the University for All Program (Prouni), the target of direct action of Unconstitutionality (Adin) submitted by the DEM, and the use of a student of Rio Grande do Sul who felt harmed by the quota system in their state are STF on the agenda.

Issue: Jose Romildo



Source: Agency Brazil

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