Supreme Court invalidates law that reserves 80% of UEA places for students trained in AM

Decision

Federal Deputy Amom Mandel called the decision a setback

Brasilia DF) – The Federal Supreme Court (STF) decided, this Thursday (19), that the quota that allocates 80% of places at the State University of Amazonas (UEA) to students who completed high school in schools in Amazonas is illegal.

According to the president of the STF, Luís Roberto Barroso, the reservation of the percentage of vacancies is unconstitutional, as it violates articles of the Federal Constitution.

“The Court, by majority, removed the general repercussion previously attributed to the issue, and judged Ordinary Law No. 2,894, of the state of Amazonas, to be unconstitutional,” argued Barroso.

At the time, the ministers removed the general repercussion on the topic, but did not set a new percentage. With the decision, Amazonas deputies will be able to approve a new law with a lower percentage.

In April this year, the STF formed a majority to annul the 80% quota for places for students who attended high school in the state, with the vote ending in 9 against 1. The vote in favor of the quota was from Minister Marco Aurélio , who is now retired. Defender of the quota policy, he stated that except for the percentage, the method did not violate the Constitution.

“Any and all laws that have as their objective the concreteness of the Charter of the Republic cannot be considered unconstitutional”, declared the minister.

Alexandre de Moraes, on the other hand, believes that the measure is illegal as there should be no distinction between Brazilians.

“The unequal treatment of unequal cases, to the extent that they are unequal, is a traditional requirement of the concept of Justice itself. Therefore, arbitrary differentiations and absurd discriminations cannot be accepted”, said Moraes.

Federal Deputy Amom Mandel (Cidadania-AM) spoke out in a note and criticized the STF’s decision, stating that the decision is a setback to the policy of combating regional inequalities.

“This system has allowed hundreds of thousands of low-income students to have access to public universities over the years. In the opinion of the ministers, the reservation of vacancies goes against the principle of equality established in the Constitution, but none of them put their hands on their heads to remember that our State is forgotten in most other public policies and making quotas simply a compensation for this, and not a privilege”, highlighted Amom.

According to the parliamentarian, a Constitutional Amendment Proposal (PEC) is being worked on to guarantee the vacancy system for Amazonians.

“We have a PEC to guarantee this vacancy reservation system and we are collecting the necessary signatures. Unfortunately, this is a long process, but we will not give up”, concluded the federal deputy.

Official Note from Federal Deputy Amom Mandel:

“The STF’s decision to declare the reservation of places for students to enter UEA unconstitutional is a setback to the policy of combating regional inequalities. This system has allowed hundreds of thousands of low-income students to have access to public universities over the years. In the opinion of the ministers, the reservation of vacancies goes against the principle of equality established in the Constitution, but none of them put their hands on their heads to remember that our State is forgotten in most other public policies and making quotas simply a compensation for this, not a privilege. We need to equalize opportunities for access to higher education. There is a disparity with regard to teaching, geographic and socioeconomic characteristics of students from the interior of Amazonas in relation to the rest of Brazil. This cannot simply be ignored. We have a PEC to guarantee this vacancy reservation system and we are collecting the necessary signatures. Unfortunately, this is a long process, but we will not give up”, declared Amom Mandel.

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