STF decide que o sistema de cotas é constitucional

Os ministros do Supremo Tribunal Federal (STF) consideraram, por unanimidade, constitucional o sistema de cotas raciais para ingresso de alunos afrodescendentes em universidades públicas. A votação foi encerrada na noite desta quinta-feira (26) com o seguinte pronunciamento do presidente da Corte, Ayres Britto. “O Brasil tem mais um motivo para se olhar no espelho da história e não corar de vergonha”.

A sessão foi iniciada na quarta-feira, 25, com o voto do relator, o ministro Ricardo Lewandowski. Neste dia o tribunal discutiu a arguição de descumprimento de preceito fundamental proposta pelo partido Democratas (DEM), que pedia a suspensão da reserva de vagas para afrodescendentes na Universidade de Brasília (UnB). Ao relatar a matéria, o ministro entendeu que o sistema de reserva não fere a Constituição Federal. Segundo ele, as cotas são uma forma de compensar uma discriminação culturalmente arraigada e praticada de forma inconsciente. “Não basta não discriminar. É preciso viabilizar”, disse. “A postura deve ser, acima de tudo, afirmativa.”

Na noite de ontem, ao declarar seu voto, Ayres Britto destacou a importância da política de cotas para o combate ao preconceito racial. “Quem não sofre preconceito já se posiciona de forma vantajosa na escala social, e quem sofre internaliza a desigualdade, que se perpetua”, assinalou. Segundo o ministro, o preconceito, assim, passa a definir o caráter e o perfil da sociedade. “Nossas relações sociais de base não são horizontais; são hegemônicas e, portanto, verticais”, disse. “E o preâmbulo da Constituição é um sonoro ‘não’ ao preconceito, que desestabiliza temerariamente a sociedade e impede que vivamos em comunhão, em comunidade.”

O STF ainda vai analisar duas ações que contestam a constitucionalidade da reserva de vagas por meio de cotas sociais e o perfil do estudante apto a receber bolsas do Programa Universidade para Todos (Prouni). A outra ação sobre cotas que aguarda julgamento foi ajuizada por um estudante reprovado no vestibular da Universidade Federal do Rio Grande do Sul (UFRGS) para o curso de administração, embora tivesse alcançado pontuação superior à de outros candidatos. Os concorrentes que tiveram nota menor foram admitidos pelo sistema de reserva de vagas para alunos egressos das escolas públicas e negros.

Com relação ao Prouni, implementado a partir de 2005 com a concessão de bolsas de estudo em universidades privadas, a Confederação Nacional dos Estabelecimentos de Ensino (Confenem) alega que a medida provisória que originou o programa não atende ao princípio constitucional da isonomia entre os cidadãos brasileiros.


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