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Santa Catarina Court Halts Anti-Quota Law as STF Orders 48-Hour Response

The injunction pauses the measure targeting racial affirmative action pending constitutional challenges led by parties and national bodies.

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Overview

  • Desembargadora Maria do Rocio Luz Santa Ritta, of the TJ-SC, granted a preliminary injunction suspending Law 19.722/2026, which had taken effect on January 22.
  • The suspended law barred racial quotas and broader affirmative actions in state-funded higher education and hiring, with exceptions for people with disabilities, purely socioeconomic criteria, and state public school students, and set a R$100,000 fine per noncompliant notice plus possible funding cuts.
  • STF Minister Gilmar Mendes gave the Santa Catarina government, the state assembly, and Udesc 48 hours to provide information and requested opinions from the AGU and the PGR on the suspension requests.
  • PSOL, UNE, and Educafro filed an ADI at the STF, joined by separate challenges from the PT, Coalizão Negra por Direitos, and the OAB, while an action popular was filed in Florianópolis by Ana Paula Lima and Décio Lima.
  • The state government and PGE-SC defend the law’s constitutionality, arguing the Constitution does not mandate racial quotas, as universities such as Udesc flag immediate operational risks tied to ongoing 2026 admissions.