The Federal Supreme Court will soon (at 2pm on Thursday) resume the ADPF 973 – For Black Lives trial, which could lead to structural racism being recognized as an extra-constitutional condition (ECI). With the vote cast by Louise Fuchs (Rapporteur) and Flavio Dino in favor of this thesis, the Court is one step closer to an unprecedented decision.
The measure, proposed by the Black Coalition for Rights in 2022, affirms that the Brazilian state’s inaction in the face of violations against the black population constitutes an international charter, a legal instrument used when there are serious, widespread and continuing violations of fundamental rights. The trial was monitored by the Institute for the Defense of Black Populations (IDPN) and the coalition.
Yesterday, Fox and Dino acknowledged that structural and institutional racism practiced by the state itself violates basic rights, such as life, public security and access to justice. They both claimed that the problem was not accidental, but systemic, and that it required concrete measures by the federal government, under the supervision of the Strategic Strategic Fund.
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– The Black Population Advocacy Institute and the Black Rights Coalition expect other ministers to follow the votes that have already been cast. Recognizing ECI is the first step in demanding that the state stop being an accomplice to violence and start being, in fact, a guarantor of rights. Today is a crucial day for racial justice in Brazil – says Joel Luiz Costa, Executive Director of IDPN.
According to the institutions, if the majority is confirmed, it will be the first time that the Brazilian judiciary has officially recognized structural racism as the cause of an unconstitutional situation, a historical milestone in the fight against racism and a precedent that will force public authorities to act.