STF overturns SC law that prohibited racial quotas in universities

Decision was endorsed by all Court ministers

Wallace Martins / STF
Statue of Justice located in front of the Federal Supreme Court (STF) building, in Brasília

Unanimously, the plenary session of the Federal Supreme Court (STF) decided this Friday (17) to overturn the Santa Catarina law that prohibited the reservation of racial quotas for the admission of students to educational institutions that receive public funds from the state.

The vote took place in the Court’s virtual plenary and ended with a score of 10 votes to 0.

The plenary judged actions filed by PSOL, PT, PCdoB and the Federal Council of the Brazilian Bar Association (OAB) to consider Law 19,722 of 2026, approved by the Legislative Assembly and sanctioned by governor Jorginho Melo, unconstitutional.

The rule allows the reservation of places only for people with disabilities, students from public schools or based on exclusively economic criteria.

The trial began on Friday (10), when the rapporteur, Minister Gilmar Mendes, declared that the Court has already recognized the constitutionality of affirmative actions.

“There is no doubt about the constitutionality, in abstract, of affirmative actions based on ethnic-racial criteria,” he stated.

Gilmar Mendes’ vote was followed by ministers Flávio Dino, Alexandre de Moraes, Dias Toffoli, Cristiano Zanin, Edson Fachin and Cármen Lúcia.

The last three votes were given this Friday by ministers Luiz Fux, Nunes Marques and André Mendonça.

*Brazil Agency

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