Changes to the Quota Law consolidate advances – 08/12/2023 – Education

Last Wednesday (9), the Chamber of Deputies approved the report by Deputy Dandara (PT-SP) that modifies the so-called Higher Education Quota Law (12,711/2012). Despite the positive balance, pointed out by several surveys, the legislation had specific problems.

It is worth remembering that the federal policy of Brazilian quotas focuses more on economically disadvantaged groups than on racial ones. Half of the places in each course are reserved for public school students and half of that (thus 25% of the total) for low-income students. Quotas for blacks, browns and indigenous peoples, as well as quotas for people with disabilities, apply to these larger social quotas.

One of the main changes is the alteration of the low-income criterion. Under the current law, students from families with an income of less than or equal to 1.5 minimum wages per capita (or R$ 1,980) can benefit. This means that a hypothetical five-member family with a total income of R$9,800 was considered low-income, which included the vast majority of public high school students. As they only compete with each other, the least poor among the poor students ended up occupying most of this quota. The new wording reduces the limit to a minimum wage per capita (R$ 1,320), a ceiling more suited to the Brazilian social reality. It is worth remembering that students who earn more remain accessing public school quotas, regardless of income.

Another change is that quotaholder candidates start to compete first with those from the broad competition. Recent studies have shown that some quota holders had higher entry grades than non-quota holders in about 25% of Sisu graduations. Although they outperformed the broadly competitive students, they could only compete within their quotas. The change aims to correct distortions like this one, making the dimensions continue to work as a floor and not as a ceiling.

In addition, quilombolas are included in the list of beneficiaries and universities are recommended to establish affirmative actions in graduate programs.

But perhaps the main change is the one about the policy review. The current wording provided for the revision of the law in 2022, which did not happen. As she did not mention any expiry date, the law remains in force until today. However, this created a scenario of legal uncertainty.

The new law makes the policy permanent, but obliges the government to carry out evaluations every ten years. More importantly, it obliges the ministries involved to systematize and make available the necessary data, an old demand from academia and social movements.

While other countries have been retreating in their affirmative actions, like the United States, the change in the Quota Law takes a step towards its consolidation and improvement. The bill will still be discussed in the Senate.