By majority vote, the plenary of the Federal Supreme Court (STF) decided, this Wednesday (30), for the validity of a São Paulo municipal law that instituted a holiday on the National Day of Black Consciousness, on November 20.
The ministers analyzed a lawsuit filed by the National Confederation of Workers, which asked the Supreme Court to close the debate on municipal competence to “institute holidays of a civic nature with high significance for the different national ethnic segments”.
The Deputy Attorney General of the Republic, Lindora Maria Araújo, spoke out against the request. According to her, “the historical, cultural and religious value of the date is not an argument capable of justifying the invasion of the Union’s exclusive competence to regulate holidays”.
Last week, the rapporteur, Minister Cármen Lúcia, voted for the constitutionality of the institution of Black Consciousness Day instituted in São Paulo.
The minister was followed by ministers Alexandre de Moraes, Edson Fachin, Luiz Fux and Dias Toffoli.
This Thursday, ministers Luís Roberto Barroso, Ricardo Lewandowski, Gilmar Mendes and Rosa Weber also followed the rapporteur.
In the vote, Minister Carmen understood that the municipalities have competence because it is a cultural manifestation, fulfilling the constitutional provision. There is therefore no usurpation of competence.
According to the minister, the theme is of importance for Brazilian history.
“The Day of Awareness should be highlighted, even more so because it draws a picture of historical inhumanities in justice and still present in treatment in the country. When black people echo, they sing in pain. The STF needs to make the people sing with joy. This is our role. It is not necessary to consider that the history of Brazil is not in the interest of every citizen. The direct to culture needs to be put into effect,” he said.
Minister André Mendonça had a different understanding and stated that the holiday deals with Labor Law, which is the exclusive competence of the Union. Mendonça was followed by Minister Nunes Marques.
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
