Minister Gilmar Mendes, of the Federal Supreme Court, was accompanied by Alexandre de Moraes and Flávio Dino to overturn the . The trial began on Friday (April 10, 2026), in the virtual plenary.
The action, filed by UNE (National Union of Students), asks for the unconstitutionality of the 19,722 lei of 2026 (here is the full text, which prohibits the adoption of quotas and affirmative actions by educational institutions that receive funds from the State of Santa Catarina. Here is it (PDF – 8.2 MB). The device was sanctioned by the governor (PL-SC) in January 2025.
The State government claims that the measure is legitimate because it adapts inclusion policies to the ethnic-racial reality of the state. When analyzing the case, the rapporteur of the action, Gilmar Mendes, understood that the device was approved “at the drop of a hat” by Alesc (Legislative Assembly of Santa Catarina), without an adequate analysis of the effectiveness of public policy and the consequences of interrupting quotas.
According to the minister, state deputies and the governor were based on mistaken premises that the ethnic-racial criteria for quotas represent a violation of the principle of equality. Gilmar Mendes highlights that this interpretation is unconstitutional.
The dean states that the approval of the text is based on an analysis “insufficient” reality and has the possibility of restricting fundamental rights. The vote states that the Court has already recognized that quotas under ethnic-racial criteria do not violate the equality of citizens. “On the contrary, policies of this nature, when used well, effectively implement the principle of equality, conceived as equal respect for differences and a mandate to combat material inequalities.”
The rapporteur also highlights that the law contravenes international pacts in which Brazil is committed to combating racism and racial discrimination. “It is certain that any prohibition on affirmative actions based on ethnic-racial criteria cannot be based on an alleged violation of the principle of isonomy, as it is an unconstitutional thesis already rejected not only by the jurisprudence of this Court, but also by the international commitments assumed by Brazil”said the minister, Read the (PDF – 212KB).
Minister Flávio Dino accompanied the rapporteur in stating that Gilmar demonstrated “with precision than the central premise of the law” contradicts the understanding already consolidated by the Supreme Court. Dino highlights that international commitments require the State to adopt policies to promote opportunities for people subject to racism.
“The case at hand is even more serious: the Santa Catarina legislator not only failed to evaluate the results of public policy, but, as well outlined by the Rapporteur, he edited the contested rule based on a premise expressly recognized as unconstitutional by this Court”he declared.
For the minister, Santa Catarina deputies tried to extinguish a “one of the most relevant social policies aimed at correcting structural inequalities”. The minister states that the legislative process was marked by a deficit of “qualified deliberation” and without observing data and empirical reports on the effects of quotas on society.
The other ministers will be able to speak out until April 17th, when the trial will end.
