The (Institute for the Defense of the Rights of Afro -Broken Religions) has asked (Supreme Federal Court) to rectify a decision on racial quota for using the word “blacks” to represent phenotypic, appearance, not racial origin.
In the decision, on the 12th, the Supreme Court stated that the judiciary may examine cases involving acts of heteroidentification of candidates in public tenders that compete for vacancies in racial quotas, to guarantee the right to broad defense and contradictory.
However, in detailing the fixed thesis, the Supreme Court cited “vacancies reserved for black people and browns in a public tender”.
The request for rectification is signed by lawyers HDIO SILVA Jr., Silvia Souza, Anivaldo dos Anjos and Maíra Vida. They argue that the use of the word “blacks” contradicts precedents of the court itself that require classification such as black or brown.
According to them, heterohydict commissions play the role of deciding on skin color and phenotypic traits, not on ethnic lineage or racial origin.
The lawyers also remember that in Brazil racism takes into account the phenotype, not the origin of the victim. Therefore, it is wrong to require newsstands to define racial origin of the candidates, they argue.
“What Idafro wants is that the supreme rescues all its jurisprudence by saying that the self -identification or classification as black and brown is enough, not black and brown,” says Húdio Silva Jr ..
“Because black is a genetic criterion, of racial origin, something that gives rise to a complex, broad discussion that the commission cannot resolve,” he says. “But it’s easy for the commission to solve in terms of identifying the person’s phenotypic traits, facial traits, hair type, skin color, has a certain objectivity.”
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