Government officials wanted to approve the proposal in time for the Black Consciousness holiday, but the effort was frustrated by opposition
The Chamber of Deputies approved the expansion of the law on quotas in public service this Tuesday (19.Nov.2024) – on the eve of Black Consciousness Day. The text returns for analysis by the Senate after changes are negotiated between the base and the opposition. There were 241 votes in favor, 94 against and 2 abstentions.
The text increases from 20% to 30% the reservation of places in public competitions. In addition to black and brown people, the legislation included quilombolas and indigenous people. It will be applied when two or more vacancies are offered in the same selection process.
The project establishes that measures can be established against the splitting of vacancies, a “dribble” seen in the 2014 legislation (read more below).
The intention of the base was to approve the text so that it could be sanctioned by the president (PT), who could sign the text on the morning of the holiday in a symbolic act.
However, the opposition blocked the government’s plans and changed points in the bill:
- the review of the law every 5 years, instead of 10 and will be carried out by the Executive; and
- hetero-identification boards, a mechanism designed to prevent fraud in selection processes, are prohibited.
The vote took place on a nominal basis, which was also agreed to unlock the agenda. The text returns to the Senate, the House where the original text, written by (PT-RS), originated.
WHAT IS THE QUOTA LAW
Approved in 2014, Law 12,990/2014, known as the Public Service Quota Law, reserved places in public competitions for black people. The legislation was valid for 10 years, expiring in June this year.
The Senate o text that renews the inclusion policy in May 2024, shortly before expiration. The text went to the Chamber, where it has been processed ever since. Given the deadline, PSOL and Rede contacted the STF (Supreme Federal Court) to extend the measure.
The government’s intention was for the text to be approved before the CNU (Unified National Competition), known as the “Enem dos Concursos”.
The request fell to the rapporteur of Minister Flávio Dino, who extended the measure by declaring the article that provided for the effective date as unconstitutional. The decision was unanimously confirmed by the Supreme Court plenary.
LEGISLATION FACES “DRIBLES”
One of the People Ahead Movement in May shows that the legislation is “dribbled” in the application of public tenders. The 2014 law determined that the 20% quota be applied whenever a notice offers 3 vacancies or more.
For example, instead of holding a competition with 4 places and being subject to the law, some institutions choose to hold 2 competitions with two each, being immune to what was determined by the rules.
