
The Minister of Racial Equality, Anielle Franco (PT), said that the department’s team is analyzing appropriate measures to “prevent regression” after parliamentarians of the Legislative Assembly of Santa Catarina (Alesc) approved, by majority, a bill that prohibits the adoption of racial quotas and other positive actions on the part of state universities or those that receive public funds from the state.
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On social networks, Anielle said that the deputies of Santa Catarina “want to review the Constitution” by approving the project, which still has to be sanctioned by Governor Jorginho Mello (PL). “The figures prove that the quota policy works and contributes to repairing historical injustices,” underlined the minister. The PT member said the ministry was working to expand affirmative action not just as a right, “but as a necessary remedy so that we can continue to open the doors.”
According to the proposal approved by Alesc, units that do not comply with the regulations will have to pay a fine of R$100,000 per notice and risk losing public funds (federal entities will not be affected). This is one of five conservative educational measures promoted by PL deputies which were adopted in Alesc this Wednesday and which are now in the process of being sanctioned by the governor.
The teaching units also criticized the approval of the project in Alesc. In a joint note of repudiation, the Federal University of Santa Catarina (UFSC), the Federal University of Fronteira Sul (UFFS), the State University of Santa Catarina (Udesc), the Federal Institute of Santa Catarina (IFSC) and the Federal Institute of Santa Catarina (IFC) expressed their “deep indignation” at this measure and called it an “unacceptable, irresponsible and profoundly regressive act, which does not take into account decades of struggle for racial justice and ignores undeniable academic, historical and social values.
“It is particularly revolting that this measure was approved precisely on the occasion of International Human Rights Day, December 10, a date dedicated to the defense of dignity, equality and the protection of historically violated populations. The choice of this day to suppress rights is as symbolic as it is devastating,” the note underlines.
The entities also said quotas are “concrete mechanisms” to address inequities, combat structural racism, and provide opportunities to people historically excluded from higher education. Removing the reservation of seats for blacks, the memo said, excludes ideas and contributions whose diversity enriches science and education in the state. The universities asked Governor Jorginho Mello not to approve the project.
The opposition promises to legalize the issue if it comes into force. Representative Fabiano da Luz (PT) said the proposal “embarrasses” Santa Catarina and a Direct Action of Unconstitutionality (ADIn) under the arguments of violation of constitutional principles, invasion of Union jurisdiction and setback.
The Santa Catarina Public Prosecutor’s Office, through the 40th Prosecutor’s Office of the capital (which is part of the Anti-Racism Observatory), is following the case. According to the authority, a procedure will be initiated to analyze the constitutionality of the measure.
The State Public Defender’s Office, in turn, stated that the issue is sensitive from a legal and social point of view and requires “careful analysis, respect for the legislative process and guaranteeing legal certainty.” He considered that, as the governor’s sanction is still lacking, the legislative process is not yet complete and “it is not possible to draw definitive conclusions about its content or its possible legal effects.”
According to Alesc, the draft law on quotas prohibits the reservation of additional places and similar measures for the admission of students and for the hiring of teachers, technicians and other professionals in these institutions.
Despite the veto, the draft determines that the new rules do not prohibit the reservation of seats for persons with disabilities (PWDs) and for students in public secondary education institutions. Nor does it prohibit the adoption of quotas based on exclusively economic criteria.
In practice, if sanctioned by the governor, the new law will prohibit racial quotas, in addition to reserving places for other groups, such as transgender people, gypsies, refugees, prisoners, among others. A GLOBO report in September showed that the consolidation of quotas generated a diversification of the public served in vacancies across the country.
Author of the project, deputy Alex Brasil (PL) celebrated the approval of the Assembly and declared that the text puts an end to what he called “ideological quotas” in the state.
“Santa Catarina becomes a reference by approving the PL, of which I am the author, which puts an end to the disorder of quotas for activism and ideological agendas. More quotas for trans people, ex-prisoners, ex-refugees and, surprisingly, even for those from other states!”, wrote the politician on Instagram. “Which quotas will prevail? Only those that make sense: PCDs (constitutional rule) and quotas linked to socio-economic status (low-income students and public school students).”
Alex Brasil responded to criticism that the bill is incapable of tackling inequality of opportunity and structural racism.
“The opportunity is for those who really need it! If you are black and high income, the vacancy goes to low-income white people who cannot afford college. The superficial narrative of racism is rejected. We prioritize merit and financial need, not skin color,” he said.
During the same session, lawmakers approved mandatory drug testing for applicants seeking entry to public state universities. According to the proposal, the student must submit an examination report, with a detection window of 180 days, when submitting registration documents, which would be conditional on a negative result.
Students will be entitled to a new test if the test is positive, and the exams will be confidential, the project specifies. Once presented, the documents relating to the exam will be returned to the student and not archived. However, it must be recorded in the school file that the presentation took place and what the result was.
The proposal, authored by MP Jesse Lopes (PL), also provides that establishments implement programs aimed at preventing the use of illicit drugs throughout the campus.
“Throughout the school year, prevention and awareness campaigns will be carried out on the use of illicit drugs, as well as on the abusive use and dependence on licit psychoactive substances,” explains Alesc.
Cameras in the room, end of Halloween
Santa Catarina parliamentarians also approved PL 337/2023, which provides for the installation of surveillance cameras in high school classrooms in the state’s public and private networks. Through social networks, the author of the project, deputy Ana Campagnolo (PL), said that the approval by the Assembly sealed seven years of “struggle” to justify the need for the measure.
“Surveillance cameras in classrooms will benefit students, families and teachers who are tired of seeing violence, abuse and disorder invade schools,” he argued.
Still in the area of education, during the same session, Santa Catarina deputies approved a bill that prohibits the “practice of political and ideological indoctrination in the classroom” in public schools in the state.
According to the text, signed by deputy Carlos Humberto (PL), teachers, counselors, directors, coordinators and other employees subordinate to the state network will be prohibited from “institutionalizing” doctrinal educational content “inside or outside the classroom.” The proposal will also prevent the publication of “content likely to lead students to a single political or ideological thought” in compulsory subjects.
Lawmakers also approved a bill banning the celebration of Halloween in the state’s public schools. The proposal, written by MP Marcos da Rosa (Union) and amended by MP Ana Campagnolo, provides for the ban, in the school environment, of “any event, didactic or commemorative activity, decoration or party alluding to the date or its characteristic elements”.
According to Alesc, the goal of the project is “to protect the cultural, ethical and moral integrity of students and to preserve the educational and family values of Santa Catarina society.”