Clipping of news on Brazilian Culture, Law and Citizenship
27/04/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Decision applies to UNB and can be extended to other institutions
The quotas for black students and African descent, the so-called racial quota, is in agreement with the Federal Constitution. The decision was made on Thursday (26) by the Supreme Court (Supreme Court) unanimously. All ten ministers eligible to vote in the case were in favor of affirmative action.
The trial began on Wednesday (25), with the participation of lawyers and representatives of society, who argued for and against quotas. The analysis of the quotas for blacks was made from a lawsuit filed by the DEM, which questions the adoption of racial quotas at UNB (University of Brasilia) since 2004. The decision, however, can serve as a basis for the rest of the country.
In his opinion, the Justice Ricardo Lewandowski, rapporteur of the case, said that quotas should be temporary, existing long enough to correct historic discrimination against blacks in the country.
- Otherwise, such a policy could become permanent blessings, established in favor of a particular social group, but at the expense of the collectivity as a whole, a situation incompatible with the spirit of any constitution that is to be democratic.
The other nine ministers - Dias Toffoli not vote because, before being appointed to the Supreme, he participated in the defense of quotas as a representative of the AGU (Attorney General's Office) - followed the rapporteur's view, praising his text.
All ministers reinforced the exception made by Lewandowski. Minister Rosa Weber argued that the quotas will lose its role over time.
- Poverty in Brazil has a color. If blacks do not reach the university did not share on equal terms with whites. When the black become visible in society, some compensatory policy is required.
To the Minister Gilmar Mendes, the method of defining color after analysis by an examining board, the so-called "court race" should be revised.
- Recognize that this is a model that is being experienced and that claims processing. But it would be more appropriate to adopt a more objective criterion reference socioeconomic. In this model, is given to a group of enlightened power that no one wants to say who is white and who is black. I doubt that this model can proceed and have no further questions.
Last to vote before the official result, the court's president, Carlos Ayres Britto, stressed that affirmative policies are already provided by the Federal Constitution.
- The Constitution in its preamble is already a resounding no prejudice. It legitimized the whole adoption of public policies that reduce social differences. Skin color is a gene, the geographical origin of birth is an accident. No one has more or less merit, more or less ethical because it is southern or northeastern, male or female, black, white or Indian. From this and this Supreme Court decision, Brazil has one more reason to look in the mirror of history and not blush with shame.
Confusion
During the trial, a group of Indians disrupted the session, trying to highlight the need to discuss quotas also for the Indians. After being reprimanded by the president, Carlos Pankararu, the tribe Pankararu and Araju Sepeti, the Guarani tribe, was born from the floor by security guards.
The guards let them go a few meters away from the STF. But from the outside, Pankararu explained the reason for the demonstration.
- Are excluding us, we want equality for everyone, not just for blacks. We want the presence of Indians in the odds of it and colleges also were expelled.
Source: R7 News
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This article was translated by an automatic translation system, and was therefore not reviewed by people.