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Brazil: National Council of Justice Sets Quota for Blacks

(June 15, 2015) The Brazilian National Council of Justice issued a resolution on June 9, 2015, that establishes that 20% of the available positions in public exams designed to select people to enter the bodies of the judiciary, including exams to become a judge, must be filled by black people. The rule is mandatory when the number of positions available is equal to or greater than three. (André Richter, CNJ Aprova Cotas para Negros em Concursos para Magistratura, AGÊNCIA BRASIL (June 9, 2015).)

Whoever declares themselves to be black or brown (pardo) according to the definition of color or race used by the Brazilian Institute of Geography and Statistics (Instituto Brasileiro de Geografia e Estatística) during the application process for the public exam is entitled to fill slots under the quota. (Id.)

These criteria will be valid until June 9, 2024, the date when Law No. 12,990 of June 9, 2014, which establishes the same quota for positions in the executive, expires. (Id.; Lei No. 12.990, de 9 de Junho de 2014, PLANALTO.)

The first census of the judiciary, which occurred in 2013, indicated that only 4% of the judges declared themselves to be brown, 1.4% percent declared themselves to be black, and 0.1% declared themselves to be of an indigenous race. (Richter, supra.)