Justice determines return of vacancies for trans at FURG – 03/07/2023 – Education

The Federal Regional Court of the 4th Region overturned an injunction by the Federal Court of Rio Grande do Sul that suspended specific vacancies for the admission of transgender students to FURG (Federal University of Rio Grande), on the southern coast of the state.

The decision, last Friday (3), was handed down by judge Roger Raupp Rios, who understood that the inclusion of transgender people in affirmative action was a legitimate measure.

Rios also claims to have considered “the legal and constitutional protection to which individuals and groups discriminated against due to sexual orientation and gender identity are entitled” to issue his order.

The blocking of vacancies had occurred last Wednesday (1st), through an injunction by the 2nd Court of Justice of Rio Grande, motivated by a public action filed by lawyers Bruno Cozza Saraiva and Djalma Silveira da Silva. None of them responded to the report’s contacts.

In the request, the men argue that the promotion of a quota for transgender people is “an ideological policy that has been occupying Brazilian universities for some time” and that there is no law to allow the creation of this type of program.

They also criticized unofficial demographic data about the trans population cited by FURG as an argument for promoting vacancies. “If all these data do not appear in official documents, in the demographic census of the IBGE (Brazilian Institute of Geography and Statistics) and, above all, in the media, what is the proof that they exist?”, they question.

The argument was accepted by federal judge Sérgio Renato Tejada Garcia. According to him, affirmative action created “a hypothesis not provided for by law, that is, quotas for trans students” and, consequently, suppressed vacancies for free competition.

The announcement of those approved would be made on the same day of issuance of the injunction. There are nine additional vacancies, generated, in the last year, by decision of the rectory. That is, the number of highly competitive vacancies was not affected.

Upon learning of the injunction, the university then appealed to the Federal Regional Court of the 4th Region, claiming that affirmative action is legitimate and in line with the fundamental principles of the State, which “aims to materialize the fundamental principle of the dignity of the human person and to eradicate the marginalization of this population [transexual]building a free, just and solidary society”.

In defense, article 207 of the Constitution was also cited, which preaches university autonomy.

Marianna Duarte, coordinator of the central directory of students at FURG, claims that the inclusion of transgender people was deeply discussed, also being motivated by the low demand of students for the university’s undergraduate courses.

“There was demand and willingness to do a project like this. The town is small, so we met members of the target population and saw the expectations generated”, she says.

The directory celebrated the court’s decision. “After an incessant national struggle against this absurd injunction, there will be trans at FURG, yes. This is just the first step for similar projects to expand to other universities in Brazil and the quotas cover even more courses to integrate the LGBTQIA+ community”, affirm.

The articulation against the injunction also had the support of the State Union of Students of Rio Grande do Sul, parliamentarians and LGBT+ organizations, such as Antra (National Association of Transvestites and Transsexuals).

Those approved in the selection process, the first of its kind in the state of Rio Grande do Sul, according to FURG, were summoned this Monday (6).