Brazilian Supreme Court Decisions Upholding the Constitutionality of Affirmative Action in Higher Education

S.T.F., APDF 186 (April 12, 2012) and Subsequent 2012 Cases (2012)

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Brazilian Supreme Court Decisions Upholding the Constitutionality of Affirmative Action in Higher Education

Brazil Supreme Court
S.T.F., APDF 186 (April 12, 2012) and Subsequent 2012 Cases (2012)

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Facts

In Brazil, the legacy of slavery was complex. Although racial-segregation laws were never adopted, a significant gap existed between the rich and poor. Additionally, people of color comprised a significant percentage of those experiencing poverty. Although the best universities in Brazil were public and tuition-free, entrance was based on competitive examinations. Students from wealthy private high schools were better prepared for the entrance exams than less-affluent students from public high schools. In and around 2000, the Brazilian government began sponsoring affirmative-action programs in higher education. Many of these programs were challenged in court cases, including the University of Brasilia’s affirmative-action plan, which reserved 20 percent of the university’s seats for people of color for a period of 10 years, and the University for All’s affirmative-action program, which included racially based quotas for a full scholarship program. The legal challenges contended that affirmative-action programs were contrary to Brazil’s constitution, which prohibited racial discrimination.

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