STF may impose measures against “structural racism” at the request of the PT

The Federal Supreme Court (STF) must judge, this Wednesday (22), an action that could impose on the Executive and Legislative powers the implementation of measures to combat the alleged existence of “structural racism” in Brazil. If the decision is favorable, public bodies and even private companies should prioritize black movement issues in their management and allocate budget to the cause. The attempt to institutionalize through the STF the concept of “structural racism” can also provide more legal basis for NGOs that claim million-dollar compensation for collective moral damages caused by racism.

The Workers’ Party (PT) is the main applicant, but other left-wing parties such as PDT, PSOL, PSDB, Rede and PV also signed the document. The PT wants the Supreme Court to recognize the existence of an “unconstitutional state of affairs” based on “structural racism and institutional racism”. Which would mean that the Union, in all instances, would have been silent in relation to the violation of fundamental rights and guarantees of black people.

Recently, the STF responded to two similar requests from PSOL, related to the rights of prisoners and homeless people. In both cases, by trying to solve complex problems with the stroke of a pen, the STF went beyond its functions, indicating measures that could hardly be met by the federation’s entities.

In action on structural racism, requests can have a major impact on public coffers. The parties also demand that the Chamber of Deputies and the Federal Senate prioritize the deliberation of bills that deal with transfer programs for the black public, such as Bolsa Família. In other words, instead of trying to pass these agendas through the constitutional route provided for, votes in Congress, the parties turned to the STF to take advantage of judicial activism.

PT requests to the STF to combat institutional racism

1. Development and implementation of a plan to combat institutional racism
2. Recognition and adoption of measures to combat institutional racism by public and private institutions
3. Adoption of policies against racism in public security plans
4. Adhesion or permanence to the National System for the Promotion of Rational Equality
5. Development of policies aimed at the political rights of black candidates and representatives
6. Establishment of courses to combat racism in training for public security bodies
7. Offering training on race relations and combating racism to all public servants
8. Creation of centers to care for people who are victims of institutional racism
9. Protection of spaces of African-based religions
10. Provision of data and information on reports of institutional racism
11. Expansion of the Popular Restaurant Program that offers free meals
12. Expansion of public policies in the National Food and Nutritional Security Plan
13. Implementation of an urgency regime in the processing of public policy bills on the right to food, basic income and income transfer programs

Decision will strengthen black movement NGOs that are asking for exorbitant compensation

If the STF accepts the requests and understands that there is an unconstitutional state of affairs in relation to the violation of black rights in Brazil, black movement NGOs, accustomed to making million-dollar requests for compensation for moral damages, will have more legal basis to win the lawsuits .

One of the champions of compensation requests for collective moral damages is the NGO Educafro. A more recent example of the NGO’s action is the action proposed after the murder of quilombola leader and ialorixá Maria Bernadete Pacifico, known as mother Bernadete, in Bahia, in August this year. The motivation for the crime was not racism, but a disagreement between the nun and drug traffickers in the metropolitan region of Salvador. Even so, Educafro requested compensation for collective moral damages of R$ 143 million from the government of Bahia for the crime, for the NGO itself and not for Bernadete’s family, alleging negligence in relation to the deaths of at least 11 quilombolas in the State in the last 10 years.

Another case with considerable repercussion was the request for compensation after the death of João Alberto Silveira Freitas, 40 years old, in one of the Carrefour stores, in November 2020. There is no proof that Freitas’ death was motivated by racism, but, even so, Educafro itself and the Santo Dias Human Rights Center accused the network of not having implemented actions against structural racism. The public civil action was for collective social moral damages and resulted in compensation greater than what João Alberto’s widow herself received.

The successful agreement in the Carrefour case encouraged the opening of new legal proceedings, with increasingly higher values. LinkedIn was the target of another action by the NGO for racism. They demanded R$10 million reais for the removal of a job vacancy advertisement that prioritized black and indigenous candidates. In another public civil action, Educafro asked Google to pay R$100 million for making a game called Slavery Simulator available.

From public safety to black political rights

The petition contains a series of demands raised by the PT to be considered by the Supreme Court. Among them, states and municipalities must define police approach protocols in public security and social defense plans. These protocols must be in accordance with international human rights, security and peace treaties signed by Brazil.

The court will define whether measures to combat institutional racism in public security bodies must be included in the plans drawn up. Furthermore, employees who are members of these bodies will have to participate in courses on topics such as race relations, institutional racism, fundamental rights and guarantees and combating torture.

The ministers will also assess whether the Union should guarantee the full exercise of black political rights. This implies, in practice, the creation of mechanisms for monitoring and investigating cases of political violence against black candidates and representatives.

The STF can even force the Chamber of Deputies and the Federal Senate to accelerate bills that can implement universal basic income. In Brazil, the law has already been approved, but has not yet been implemented. Planned to be instituted since 2005, the law establishes the payment of an annual income to all Brazilians residing in the country and even to foreigners who have lived in Brazil for at least five years.

The value of the benefit has not been defined, but the objective is for it to be enough to cover basic food, education and health expenses. The PT also asked the STF to force the Legislature to prioritize bills on income transfer, such as Bolsa Família, and public food policies. Proposals like this tend to have major budgetary impacts for the country.