It joined, on Wednesday (30), with an argument of non-compliance with a fundamental precept, known as ADPF, claiming that the Supreme Court (STF) suspends the draw of vacancies destined to those in competitions and selection processes of public institutions.
The draw mode is foreseen in.
Thus, the draw of vacancies for proportional application of racial quotas is allowed in cases where the number of vacancies offered is less than the legal minimum.
The party claims, in its petition, that the draw configures in indirect racial discrimination and violates the principle of merit “by replacing objective criteria (note and classification order) by random procedures”.
The network action is also based on arguments, whose notice was released on June 30.
For the MPF, the notice does not define clear criteria for this draw, nor does it establish external control mechanisms that guarantee transparency to the process.
Marlon Reis and Estorilio, which advocates for the network, presents as an example of violation the history of contests and hiring at UFRJ (Federal University of Rio de Janeiro) since 2014, when the law that reserves 20% of the vacancies offered to blacks.
According to the network, the UFRJ should have allocated 37 vacancies, that is, 20% of the 183 hires in a contest in 2014. The party says, in the action, that the university has fractioned in its public notice positions of the same function so that there was no minimum number of three vacancies open.
As an example, the network says that the pediatric nursing specialty had its three vacancies distributed in two time load options: one vacancy for 20 hours of work per week and two to 40 hours per week.
“The result: the minimum number of three vacancies is not reached, not even within the same specialty,” the party lawyers write.
The party filed the ADPF after the request of Educafro Brasil. “The draw of vacancies is a disguised and cruel way to deny rights, reduce the effectiveness of quotas to almost zero and perpetuate the historical exclusion that these policies seek to repair,” says Frei Davi Santos, Executive Director of EducAfro.
“The Supreme now has the opportunity to say that it is not admitted setback in the fight against structural racism and the promotion of social justice in the country.”
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