Brazil's Supreme Court Unanimously Recognizes Structural Racism, Mandates Government Action

Landmark Ruling Acknowledges Deep-Rooted Inequality

Brazil's Supreme Court (STF) delivered a historic and unanimous ruling on Thursday, December 19, 2025, formally recognizing the existence of structural racism within the country. The high court mandated that public authorities take concrete steps to address persistent racial inequalities, marking a significant moment in Brazil's ongoing struggle for racial justice. The decision concludes more than two years of proceedings, initiated by a lawsuit filed by seven political parties following a petition from the Black Rights Coalition.

Directives for a National Plan to Combat Racism

The Supreme Court's ruling includes specific directives aimed at dismantling systemic racial disparities. It ordered the federal government to either revise the existing National Plan for the Promotion of Racial Equality or draft an entirely new plan within a yearlong deadline. This comprehensive plan must include:

• Clearly defined goals and implementation stages.
• Specific indicators and monitoring mechanisms to track progress.
• Coordination among federal, state, and municipal governments.
• Active participation from civil society organizations.

Furthermore, the court outlined guidelines for the plan, emphasizing the revision of procedures for access to educational and employment opportunities through affirmative action policies. It also called for the expansion of anti-racism initiatives in critical sectors such as healthcare, public security, and food security. The ruling stressed the importance of incorporating the historical memory of the Black population into public policymaking and adopting specific protocols for the treatment of Black individuals by the judiciary, prosecutors' offices, public defenders, and security forces. Reparatory measures for violations of the rights of Black people and advertising campaigns to combat racism and prejudice against African-based religions are also to be included.

Addressing Persistent Racial Disparities

The court's decision underscores the severe and pervasive nature of racial inequality in Brazil. Justices noted that racial disparities consistently appear in social, economic, and institutional indicators. Black Brazilians face worse outcomes in areas including income, education, access to healthcare, sanitation, and housing. They are also disproportionately affected by police violence, mass incarceration, and food insecurity. Statistics reveal that Afro-Brazilian poverty rates are twice those of white Brazilians, and their unemployment rates are typically 35% higher. Income per capita for Afro-Brazilians is approximately 50% less than that of whites.

Historical Context and Previous Legal Milestones

Brazil's history is deeply intertwined with slavery, having endured over three centuries of the practice and being the last country in the Americas to abolish it in 1888. This abolition, however, was not followed by adequate public policies to reintegrate the Black population, contributing to enduring inequalities. For decades, the myth of a 'racial democracy' was used to deny the existence of racism in the country.

This latest ruling builds upon previous judicial efforts to address racial injustice. In 2012, the Supreme Court upheld the constitutionality of race-based affirmative action policies in public universities. More recently, in 2024, the Brazilian state issued a formal apology to the Black population for practicing racism. In February 2025, the Superior Court of Justice (STJ) further affirmed the structural nature of racism by ruling against the concept of 'reverse racism,' stating that racism is a structural phenomenon that historically affects minority groups, not those in positions of power.

Path Forward and Oversight

While the court unanimously recognized structural racism, it stopped short of declaring an 'unconstitutional state of affairs,' a legal classification that would imply a massive violation of rights, by a majority vote. The justices determined that existing public policies, despite historical omissions, prevented the case from meeting the criteria for such a declaration. The implementation and monitoring of the court's decision will be overseen by the National Council of Justice, ensuring accountability in the efforts to dismantle structural racism in Brazil.