STF: vetoing neutral language in schools is unconstitutional – 02/11/2023 – Education

The plenary of the Federal Supreme Court (STF) declared a law in the state of Rondônia unconstitutional prohibiting the use of neutral language in teaching institutions and public tender notices.

The matter was the subject of an ADI (direct action of unconstitutionality) judged in a virtual session this Friday (10).

Unanimously, the Court understood that the Rondônia law violates the legislative competence of the Union to edit general norms on guidelines and bases of education.

The STF ministers did not analyze whether or not the language violates the Constitution, only whether the state could legislate on the subject.

The action of unconstitutionality was filed by Contee (National Confederation of Workers in Teaching Establishments).

For the entity, state law brings together prejudices and intolerances that are incompatible with the democratic order and human values. On social media, Contee called the result of the STF judgment a “victory”.

The norm had been suspended in November 2021 by an injunction granted in Court by the rapporteur, Minister Edson Fachin.

Now, in a vote on merit, Fachin considered that the states have concurrent competence to legislate on education, but must obey the general rules issued by the Union.

The Law of Guidelines and Bases of Education encompasses rules that deal with curricula, syllabus contents, teaching methodology or mode of exercising the teaching activity.

“In the scope of concurrent competence, it is up to the Union to establish minimally homogeneous rules throughout the national territory”, stated the rapporteur.

The so-called neutral language emerged with the intention of representing non-binary people, who do not identify with either the male or the female gender.

Its use gained space in environments such as social networks. In this language, the word “todos”, for example, can be replaced by “todos”. Instead of the traditional “ele”, “ela”, “dele” and “dela”, pronouns such as “ile”, “dile”, “elu” and “delu” can be used.