Preliminary decision responds to the request of the MPF and applies to re-entry selections, optional transfer and occupation of remaining vacancies
The determined that the UFPB (Federal University of Paraíba) and the IFPB (Federal Institute of Paraíba) apply the Quota Law in all their selection processes, including in the forms of filling vacant vacancies, re-entry and optional transfer. The decision is preliminary – a provisional and urgent decision, taken by the judge before the final judgment of the case. Read (PDF — 40.6 kB).
The measure was taken by federal judge Cristina Maria Costa Garcez, from the 3rd Federal Court of Paraíba, in a public civil action presented by the (Federal Public Ministry). The process is number 0011646-58.2026.4.05.8200.
In the decision, the judge stated that filling unfilled vacancies, through external transfer or re-entry, constitutes a new selection process for access to the public university. For her, leaving these modalities out of the quota policy would create a form of entry without the same inclusion rule applied to other candidates.
The injunction determines that institutions immediately implement the reserves provided for in Law No. 12,711 of 2012, known as the Quota Law. The rule must cover ongoing and future selections, including notices derived from UFPB Resolution No. 66 of 2025, which provided for selection for the 2nd semester of 2026 without reservation of places.
In case of non-compliance, a daily fine of R$500 was set, which will be applied 10 days after the decision was notified. The deadline was given for UFPB and IFPB to make the necessary administrative adjustments.
UNDERSTAND THE CASE
The MPF opened Civil Inquiry No. 1.24.000.001030/2025-11 to investigate the application of the Quota Law in federal higher education institutions in Paraíba. The procedure was based on a technical note from the PFDC (Federal Prosecutor’s Office for Citizens’ Rights) on the obligation to apply quotas also in selections for vacant vacancies.
After that, the MPF issued Recommendation No. 21 of 2025 to the deans of UFCG, UFPB and IFPB. According to the organization, only the Federal University of Campina Grande complied with the recommendation. UFPB and IFPB maintained that the Quota Law would only apply to initial entry, such as entrance exams and Sisu.
The Court rejected this interpretation. In the preliminary injunction, the judge stated that university autonomy does not authorize institutions to depart from public policies for the democratization of education. He also cited precedents on affirmative action, such as aea.
The decision also mentions the updating of the Quota Law by Law No. 14,723 of 2023, which expanded the affirmative action policy for stricto sensu postgraduate programs. For the judge, this change reinforces that the quota policy must be interpreted as a transversal principle of inclusion in federal educational institutions.
