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Supreme Court recognizes existence of structural racism in Brazil

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Brazil’s Supreme Court decided on Thursday (Dec. 18) to recognize the existence of structural racism in the country, further ordering the creation of a national plan to address this social problem.

The plan must be developed by the government within 12 months and contain goals, implementation stages, and efforts to monitor results.

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Under the court’s guidelines, the government must establish concrete measures to combat structural racism in health care, public security, food security, and the protection of life.

Reparatory measures for violations of the rights of black people should also be included in the plan.

In addition, the plan should implement a protocol for assisting black people in the judiciary and include the adoption of advertising campaigns to combat racism and prejudice against African-based religions.

The case

The Supreme Court ruled on the lawsuit in which the Black Coalition for Rights – an entity that brings together representatives of the black movement – and seven political parties sought recognition of the “unconstitutional state of affairs” in relation to structural racism in Brazil.

The lawsuits were filed with the Supreme Court in May 2022, under former President Jair Bolsonaro.

The hearing began last month, when a majority vote was formed in favor of adopting the plan.

During Thursday’s session (Dec. 18), Justices Gilmar Mendes and Edson Fachin, head of the court, cast the last two votes.

Justice Fachin cited the history of violations of the rights of black Brazilians.

“It is well known that the Brazilian state has implemented policies and practices that have resulted in deeper exclusion. The absence of reparatory policies in the post-abolition period and the whitening policies promoted by the Brazilian state have fueled a system of social hierarchy in which the black population still has its fundamental rights violated,” he declared.

Last month, Brazil’s Attorney-General’s Office announced it is committed to adopting the plan and will coordinate the government’s work to implement the measures.

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