Brazil's Supreme Federal Court (STF) recognized structural racism on Thursday (18), aligning the country with democracies like Canada, South Africa, and Colombia. The court ordered measures to address rights violations against the black population but split on whether there is systematic state omission. Experts hail the ruling as a historic step forward.
Brazil's Supreme Federal Court (STF) wrapped up its ruling on systematic rights violations against the black population on Thursday (18), declaring racism as the structural foundation of Brazilian society. Relator Justice Luiz Fux adjusted his initial November vote, which supported a 'state of unconstitutional things,' to presume structural racism without directly blaming institutions. Justices Cristiano Zanin, André Mendonça, Nunes Marques, Alexandre de Moraes, Dias Toffoli, and Gilmar Mendes joined him, arguing that existing state measures mitigate historical omissions.
In contrast, Edson Fachin, Flávio Dino, and Cármen Lúcia voted to recognize systematic state omission. Fachin stated in his vote: 'Such violations [against blacks] are not episodic or circumstantial, but continuous and result from a long historical process, dating back to the slave regime and the consolidation of an imaginary of 'racial democracy' that, in practice, served to invisibilize racism.'
Racial Equality Minister Anielle Franco told Folha: 'The history of Brazil's black population is marked by the nefarious reflexes of enslavement, leading to a trajectory of systemic inequalities, perpetuating disadvantages and barriers in all areas of life.' Researcher Lia Schucman explained the concept: 'If everything happens in its normality, the result will be racist.'
Fux proposed actions in health, food security, public safety, and life protection, plus reparatory policies and education, such as teacher training in cooperation with African universities. For the judiciary, he suggested protocols for attending to black people. FGV professor Thiago Amparo criticized the 'middle path' decision, pointing to ongoing police violence. José Luiz Souza de Moraes praised the milestone, despite the failure to acknowledge omission.
