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Justice suspends law of Ipatinga (MG) that prohibited teaching about gender and sexual orientation

10/21/2019

Justice Gilmar Mendes of the Brazilian Federal Supreme Court (STF) suspended, on a precautionary basis, provisions of Law 3.491 / 2015 of the Municipality of Ipatinga (MG) that exclude from the municipal public education any references to gender diversity and sexual orientation. The provisional remedy was granted in the Action Against the Violation of a Constitutional Fundamental Right (ADPF) 467, filed by the Public Prosecutor's Office (PGR).

Pluralism

By suspending two provisions of the municipal law in order to remedy the possible occurrence of irreparable damage to the students, Justice Gilmar Mendes acknowledged the violation of several fundamental precepts, such as the rights to freedom, equality and non-discrimination, the fundamental objective of building a free, just and solidary society and the freedom to learn, teach, research and disseminate thought, art and knowledge.

Gilmar Mendes also pointed out the violation of the Union's private competence to legislate on general education rules, as it did by editing the Guidelines and Foudations for the National Education Law (Law 9.394 / 1996). The Justice stated that the municipal law establishes premises contrary to what is stipulated in the federal law, which prescribes "the pluralism of pedagogical ideas and conceptions and the promotion of freedom and tolerance."

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