The Federal Supreme Court (STF) formed a majority this Friday (10) for the overthrow of a state law in Rondônia that prohibits the use of neutral language in the curriculum, in teaching materials in public and private schools and in notices of public tenders.
Most of the Court ministers accompanied the rapporteur, Minister Edson Fachin. In the vote, Fachin defended the thesis that the state norm cannot define educational guidelines, because this is the exclusive competence of the Union. “Fixation of thesis: state norm that, on the pretext of protecting students, prohibits the use of the Portuguese language violates the legislative competence of the Union”, said Fachin.
In November 2021, Fachin suspended the law and sent the case for judgment by the other ministers. On the occasion, the rapporteur argued that the use of neutral or inclusive language represents the fight against linguistic prejudices. For the minister, prohibiting use confronts freedom of expression guaranteed by the Constitution, in the case of prior censorship, which is prohibited in the country.
“Prohibiting people from expressing themselves freely affects their dignity and, therefore, must be curbed by the State,” he said.
The Attorney General’s Office (PGR) and the Federal Attorney General’s Office (AGU) also declared that the state law was unconstitutional.
The action was proposed by the National Confederation of Workers in Teaching Establishments (Contee). The trial, which started on February 3, is held in a virtual plenary, when ministers do not explain, they only inform the vote, and must be closed by 11:59 pm today.
So far, Justices Alexandre de Moraes, Ricardo Lewandowski, Cármen Lúcia, Dias Toffoli, Roberto Barroso, Rosa Weber and Luiz Fux have voted with the rapporteur.
qualified vote
Minister Nunes Marques presented a vote with reservations. He recognized, accompanying the rapporteur, that the state norm is unconstitutional for having invaded the Union’s responsibility.
Nunes Marques claims that language is a living system and that transformations should not be dictated by norms, rules or agreements. “I understand, always with the highest respect for diverse understanding, that any attempt to impose changes to the language by law, as if the language could be shaped by decree, will be ineffective,” he said.
“For the above reasons, I support the eminent rapporteur regarding the unconstitutionality under the formal aspect. However, with the most respectful bows to Yours. Your Excellency, I disagree with the proposed thesis and propose the following wording of the judgment thesis: “a state norm that imposes or prohibits the modality of use of the Portuguese language, different from the established standard norm, violates legislative competence”, he added.
neutral language
Neutral language, or non-binary language, proposes the use of neutral articles “e”, “x” or “@”, replacing the feminine and masculine articles “a” and “o”.
In the language, the words “todas” or “todos” are spelled, for example, as “todes”, to avoid the use of gender markers.
The pronoun “elu” can also be used to refer to people regardless of the gender they identify with.
