Fux goes back and admits entities to ADPF Vidas Negras – 11/21/2023 – Mônica Bergamo

Fux goes back and admits entities to ADPF Vidas Negras – 11/21/2023 – Mônica Bergamo

The minister of the STF (Supreme Federal Court) Luiz Fux backed down and admitted that organizations dedicated to combating racism participate as amicus curiae (friend of the court) in the ADPF (Argument of Non-compliance with Fundamental Precept) Vidas Negras, which will begin to be judged on Wednesday (22).

The action was presented in 2022 by the Black Coalition for Rights, an organization that brings together more than 250 organizations, collectives and entities from the black and anti-racist movement. It calls for recognition of the existence of an unconstitutional state of affairs resulting from structural and institutional racism.

ADPF rapporteur, Fux authorized, last week, the entry of entities such as IDDD (Institute for the Defense of the Right to Defense) and ABJD (Brazilian Association of Jurists for Democracy) as amicus curiae.

Organizations such as the IDPN (Institute for the Defense of the Black Population), the National Network of Anti-Prohibitionist Feminists, the Brazilian Association of Black Researchers, the Criola organization and Gajop (Office of Legal Advisory to Popular Organizations) were left out. According to the minister, none of them had “adequate representation”, one of the necessary conditions for participation.

The decision frustrated those who, in view of other trials taking place at the Supreme Court, were counting on admission. Even though some of the applicants did not have procedural legitimacy to speak before the court, there was the expectation that they could be heard due to their social relevance.

The measure was also poorly received by some of the members of the rejected organizations, who found themselves overlooked by entities led by white people.

In a new decision this Tuesday (21), the Supreme Minister accepted a request for reconsideration made by the IDPN and authorized the entry of entities and organizations that take up the anti-racist fight on different fronts. This way, they will be able to present their contributions to the debate.

According to Fux, the issue under consideration requires “attenuation of rigor in analyzing the appropriateness of the requests”. The judge also highlighted that the amicus curiae “democratizes the deliberative process of this Supreme Court, opening it to contributions from civil society and the scientific community.”

Lawyer for the Black Coalition for Rights, Ágatha de Miranda says that, considering that ADPF intends to debate a thesis that deals with racism, racial inequalities and discriminatory practices, it seemed natural that organizations that were born from this context were admitted as amicus curiae.

“The dynamics of the territories demand external actions from these organizations and groups. But they have opened institutional dialogue since their foundation, coordinating with universities, the Public Ministry, the Public Defender’s Office and civil society organizations”, states Miranda, highlighting the importance of the STF receiving collaborations not only theoretical, but also practical, to appreciate the topic.

“At this moment, this decision by Fux shows us the possibility of expanding social participation in a process of democratic resumption”, adds the lawyer.

“It is the opportunity that ministers will have to hear about the magnitude of racism in Brazil and what the projects are to overcome this situation of such deep and persistent inequalities”, he adds.

When reanalyzing the applications for membership, Fux recognized that the IDPN operates nationally and “in relevant specific cases” that directly affect the black population, and that organizations such as Criola and Gajop have worked for decades in fields such as combating violence and discrimination. racial.

“The contribution that can be made from an entity created from a social movement formed directly and specifically by the black population is undeniable”, decided the minister.

“In short, all the applicant entities referenced above demonstrated direct and prominent action in various aspects of violations of the rights of the black population, justifying their joining this action, effectively contributing to the expansion of the debate that will permeate the trial”, he further stated.


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