Post by shiha520 on Feb 11, 2024 5:44:01 GMT -5
AdvocacyConstitutionalJudiciary The São Paulo holiday of Black Consciousness Day, on November 20, does not usurp the Union's competence to legislate on Labor Law. This is because this date transcends this sphere and has cultural and social impacts, with the aim of combating racism and reducing inequality in the country. Nelson Jr./SCO/STF Cármen Lúcia said that the State must promote affirmative actions against racism Nelson Jr./STF This was the understanding of five ministers of the Federal Supreme Court when declaring, this Thursday , the constitutionality of the provisions of municipal laws that established the Black Consciousness Day holiday in São Paulo (article 9 of Law and articles 1 to 4 of Law . Two ministers voted to deny the action and understand that only the Union could establish such a holiday. The trial will resume in next Wednesday's session .
The National Confederation of Metal Workers filed a claim of non-compliance with a fundamental precept with the aim of having the Supreme Court end once and for all the debate on municipal competence to "institute Canada Email List holidays of a civic nature with high significance for the different national ethnic segments" . The entity points out the controversy arising from the multiplicity of jurisprudence of the courts and highlights the ruling of the 11th Public Finance Court of São Paulo that considered the municipality incompetent to establish such a holiday.
The rapporteur of the case, minister Cármen Lúcia, pointed out that Black Awareness Day does not violate article n to legislate on Labor Law. This is because the date does not address this area, having "an undeniable bias towards cultural promotion, as an affirmative cultural activity, against racist actions in the past". The judge highlighted that the right to culture requires affirmative action from the State, seeking to equalize those who are unequal. In her view, the division of competences between the federative entities should strengthen the identity of citizens, not alienate them.
The National Confederation of Metal Workers filed a claim of non-compliance with a fundamental precept with the aim of having the Supreme Court end once and for all the debate on municipal competence to "institute Canada Email List holidays of a civic nature with high significance for the different national ethnic segments" . The entity points out the controversy arising from the multiplicity of jurisprudence of the courts and highlights the ruling of the 11th Public Finance Court of São Paulo that considered the municipality incompetent to establish such a holiday.
The rapporteur of the case, minister Cármen Lúcia, pointed out that Black Awareness Day does not violate article n to legislate on Labor Law. This is because the date does not address this area, having "an undeniable bias towards cultural promotion, as an affirmative cultural activity, against racist actions in the past". The judge highlighted that the right to culture requires affirmative action from the State, seeking to equalize those who are unequal. In her view, the division of competences between the federative entities should strengthen the identity of citizens, not alienate them.