TRF-4 determines the return of quotas for trans in the university of Rio Grande do Sul

The Federal Regional Court of the 4th Region (TRF-4) determined the resumption of quotas for transgender people to enroll in undergraduate courses at the Federal University of Rio Grande (FURG). The decision was taken by the case’s rapporteur, Judge Roger Raupp Rios, on March 3. For the magistrate, the separation of vacancies for trans people in the selection process is a legitimate measure.

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Judge Roger Raupp Rios also used as a justification the repertoire of decisions published by the Federal Supreme Court (STF) in which he recognizes trans people among the recipients of affirmative action, due to their “past and current historical experience among ‘socially disadvantaged groups ‘”.

The lawsuit was filed by two lawyers. They questioned the initiative of the institution that opened a specific public notice for transgender people, offering ten undergraduate vacancies, in October 2022. that is, in the legislative sphere, even without having the competence to do so”, stated the lawyers.

They also said that there is no legal basis that mentions that the university can create the right to quota for trans people. The lawyers requested the annulment of the administrative resolution of the University Council of FURG – which changed the affirmative action program of undergraduate and graduate courses to include transgender people – and the announcement of the selection process.

The request was accepted by the judgment of the 2nd Federal Court of Rio Grande, which granted an injunction and suspended the effects of the resolution, in February of this year. However, the institution resorted to the TRF-4.

The university defended that the “legitimate affirmative action in line with the fundamental principles of the Brazilian State, which seeks to honor the principle of material isonomy, provided for in the Constitution, as well as aims to materialize the fundamental principle of the dignity of the human person and eradicate the marginalization of this population building a free, just and solidary society”.

The case rapporteur accepted the appeal and suspended the injunction. “It is necessary to consider the inclusion of transgender people among the recipients of affirmative action. In a preliminary ruling, it is concluded that the measure is legitimate”, concluded the judge.