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Brazil: Blacks Will Have 20% of Available Executive Branch Positions

(June 18, 2014) According to article 1 of Law No. 12,990, sanctioned by Brazilian President Dilma Roussef on June 9, 2014, blacks are to be guaranteed 20% of the positions available in the Executive Branch of the government. (Paulo Victor Chagas, Lei de Cotas no Serviço Público é Sancionada, AGÊNCIA BRASIL (June 9, 2014); Lei No. 12.990, de 9 de Junho de 2014, PLANALTO.) The quota is based on the positions offered as a result of public exams (concursos públicos) for the civil service. (Lei No. 12.990, supra.)

People who declare themselves black or brown (pardos) may compete for positions reserved for black candidates upon registering for the public exam, provided that they fall within the standard used by the Brazilian Institute of Geography and Statistics (Instituto Brasileiro de Geografia e Estatística) for color or race. (Id. art. 2.)

In the event of a false declaration of color or race, the candidate will be eliminated from the public exam. If the person has already passed the exam and taken a position, after an administrative proceeding that guarantees a full defense for the person, their admission to the public service or employment will be cancelled, without prejudice as to other applicable penalties. (Id.) Law No. 12,990 entered into force on the date of its publication in the country’s Official Gazette (Diário Oficial da União) and will be valid for ten years. (Id. art. 6.)