Public Policy, Affirmative Actions, National Congress – 08/11/2023 – Sou Ciência

Admission to Federal Institutions of Education via quotas, established by Law 12,711 of 2012, is one of the policies of the Brazilian state that has most provided the democratization of higher education in recent years, enabling the entry of thousands of black people (black and brown) , indigenous, disabled, poor and with a trajectory in public schools across the country.

On August 29 of last year, the Law completed 10 years, the period established for its revision by the National Congress, according to its article 7º. This promoted a mobilization to protect and expand it among social movements and institutions that defend the democratization of Higher Education and greater diversity in universities. However, as we have already shown here, the political scenario in 2022 was very unfavorable to this resumption, considering that, since 2019, among the more than 70 bills presented for its amendment, 31 aimed to restrict the effects of the Law in a way general, or for some specific group, such as the withdrawal of quotas for black (black and brown) and indigenous people, arguing that inequalities in Brazil are not racial, but social.

Although the legal-political context remains adverse, at least in the legislature, and after much negotiation, on the night of August 9, 2023, the Federal Chamber of Deputies approved the revision of the Quota Law, based on a text reported by the Federal Deputy Dandara Tonantzin (PT-MG), former shareholder in her first term.

Although the approved text did not meet all the demands proposed by the rapporteur and envisaged by the social movements, due to the negotiations that the Deputy had to carry out for its approval, there were significant advances in the approved revision in relation to the 2012 text.

Among the points taken from the original proposal to revise the Law is the obligation of hetero-identification commissions, used to verify whether candidates for vacancies reserved for black (black and brown) people really are the holders of that right. The removal of this point was due to the position, vehemently contrary to this type of policy control, of parties such as the PL and the Novo. It should be noted, however, that the absence of provision for hetero-identification commissions in the Law does not mean its prohibition. There is support for its existence, in a decision of the Federal Supreme Court (STF), and also on the recommendation of the Public Prosecutor’s Office, so that some system for verifying the self-declaration of candidates is used.

Another controversial point, questioned by some researchers and people linked to the black movement, is the maintenance of income per capita of a minimum wage for quotas directed at black people (black and brown) and people with disabilities, since the entry of these groups into universities is not linked only to social inequalities, but to the fight against prejudice experienced by them in society due to of their social markers of difference.

When we consider the advances in the proposal approved by the Chamber, the mechanism for managing vacancies for admission stands out: initially, quota holders’ grades will be considered for admission by the broad competition, those who manage to occupy universal vacancies, enter through this route . Subsequently, the other quota holders will have access through the reserved spaces.

Another point to be highlighted is the use of the vulnerability factor in the redistribution of vacancies not occupied by quota holders. Based on the approved text, vacancies not filled in a sub-quota (blacks, indigenous peoples, people with disabilities, income) will be transferred, firstly, to other sub-quotas, and only then to public school students. This measure enhances the entry of black (black and brown), indigenous, disabled and low-income people into Federal Institutions.

Another highlight is the inclusion of quilombolas in the policy and the expansion of the reservation of vacancies for postgraduate courses for black people (black and brown), indigenous and quilombola people and people with disabilities. In addition, the revision advances when it provides, in the body of the law, conditions for material permanence for quota students, by establishing that they have priorities in receiving student aid.

Between permanencies and advances, the revision approved by the Chamber of Deputies is the result of the organization of social movements and the struggles of the various institutions that defend the democratization of Higher Education, with diversity. In addition, it is essential to draw attention to the importance of the role of black parliamentarians in the National Congress, such as Federal Deputy Dandara Tonantzin (PT-MG), who, even when dealing with colleagues who are not very sensitive to discussions on the promotion of racial equality and the fight against racism, proved to be extremely skillful in articulating not only the permanence of quotas for the black (black and brown) and indigenous populations, but also extended it to postgraduate studies, in addition to including quilombolas and enhancing effective forms of student permanence.

The new text of the law will still be submitted for approval by the Senate and may undergo changes. We have the articulation of Senator Paulo Paim (PT-RS), a historic defender of human rights, social inclusion and justice.

The Quotas Law and the democratization of Higher Education with diversity have already emerged victorious from the Chamber, and we expect the same from the Senate. With this, we see the project of a truly democratic country strengthened.

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