Post by shiha520 on Feb 11, 2024 3:54:11 GMT -6
AdvocacyConstitutionalJudiciary The São Paulo holiday of Black Consciousness Day, on November 20, does not usurp the Union's competence to legislate on Labor Law. This is because this date transcends this sphere and has cultural and social impacts, due to the objective of combating racism and reducing inequality in the country. Fellipe Sampaio/SCO/STF Cármen Lúcia said that the State must promote affirmative actions against racism Fellip Canada Email List Sampaio/SCO/STF With this understanding, the Plenary of the Federal Supreme Court, by 9 votes to 2, declared this Wednesday (11/30) the constitutionality of the provisions of municipal laws that established the Black Awareness Day holiday in São Paulo (article 9 of the Law 14,485/2007 and articles 1 to 4 of Law 13,707/2004). Last Thursday (24/11), the rapporteur of the case, minister Cármen Lúcia, voted to declare the constitutionality of the holiday. Her vote was followed by ministers Alexandre de Moraes, Edson Fachin, Luiz Fux and Dias Toffoli.
Cármen argued that Black Awareness Day does not violate article 22, I, of the Federal Constitution, which provides for the exclusive competence of the Union to legislate on Labor Law. This is because the date does not address this area, having "an undeniable bias towards cultural promotion, as an affirmative cultural activity, against racist actions in the past". In this Wednesday's session, ministers Luís Roberto Barroso, Ricardo Lewandowski, Gilmar Mendes and Rosa Weber followed the rapporteur's vote. Barroso highlighted that the holiday is an affirmation of equality, a principle so reinforced by the Federal Constitution due to the understanding that it is one of Brazil's biggest historical problems. The minister highlighted that Black Awareness Day is an affirmative action by the State, and the Supreme Court has endorsed such practices due to the existence of a historical debt, which "perhaps is unpayable", with people of African descent and the structural racism that resulted from the "irresponsible manner " with which Brazil promoted the abolition of slavery, without seeking to integrate black people into society.
Lewandowski highlighted that it is the State's duty, at all levels of the federation, to promote measures against racial inequality. Gilmar Mendes declared that municipal regulations that seek to achieve the founding objectives of the Federative Republic of Brazil cannot be impeded — in this case, to reduce social inequalities and promote the good of all, without prejudice based on origin, race, sex, color, age and any other forms of discrimination (article 3 of the Constitution).
Cármen argued that Black Awareness Day does not violate article 22, I, of the Federal Constitution, which provides for the exclusive competence of the Union to legislate on Labor Law. This is because the date does not address this area, having "an undeniable bias towards cultural promotion, as an affirmative cultural activity, against racist actions in the past". In this Wednesday's session, ministers Luís Roberto Barroso, Ricardo Lewandowski, Gilmar Mendes and Rosa Weber followed the rapporteur's vote. Barroso highlighted that the holiday is an affirmation of equality, a principle so reinforced by the Federal Constitution due to the understanding that it is one of Brazil's biggest historical problems. The minister highlighted that Black Awareness Day is an affirmative action by the State, and the Supreme Court has endorsed such practices due to the existence of a historical debt, which "perhaps is unpayable", with people of African descent and the structural racism that resulted from the "irresponsible manner " with which Brazil promoted the abolition of slavery, without seeking to integrate black people into society.
Lewandowski highlighted that it is the State's duty, at all levels of the federation, to promote measures against racial inequality. Gilmar Mendes declared that municipal regulations that seek to achieve the founding objectives of the Federative Republic of Brazil cannot be impeded — in this case, to reduce social inequalities and promote the good of all, without prejudice based on origin, race, sex, color, age and any other forms of discrimination (article 3 of the Constitution).