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Plenary declares constitutionality of the Law of Quotas in the federal public service

Thursday, June 08, 2017

The Plenary of the Federal Supreme Court (STF) concluded in the session on Thursday (8) the judgment of the Declaratory Action of Constitutionality (ADC) 41 and acknowledged the validity of Law 12,990 / 2014, which reserves 20% of the vacancies offered in public tenders for the filling of effective positions and public jobs in the scope of the direct and indirect federal public administration, within the scope of the Three Powers. The decision was unanimous.

The trial began in May, when the rapporteur, Justice Luís Roberto Barroso, voted for the constitutionality of the rule. He considered, among other reasons, that the law is motivated by a duty of historical reparation due to slavery and a structural racism in Brazilian society. Followed the rapporteur, in that session, the Justices Alexandre de Moraes, Edson Fachin, Rosa Weber and Luiz Fux.

While acknowledging the constitutionality of the norm under discussion, Justice Carmen Lúcia pointed out that many times the prejudice – against blacks or against women, among others – is insidious and exists in a covert form, and sometimes is translated into jokes, which are nothing more than real injuries, which are indignant. For the president of the Supreme Court, affirmative actions such as that contained in Law 12,990 / 2014 demonstrate that "we walk well to make visible what is happening in society."

Read more: Plenário declara constitucionalidade da Lei de Cotas no serviço público federal

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