Two Santa Catarina laws against the inclusion of content on gender diversity in schools will be judged by the plenary of the Supreme Federal Court (STF) on November 11th. The municipal laws, approved and sanctioned in Blumenau and Tubarão, were challenged by the Federal Public Ministry in 2017. Now, the newly installed president of the STF, Minister Luiz Fux, included the subject on the agenda.

In Blumenau's legislation, sanctioned in 2015, the Municipal Education Plan included a provision that prevents any discussion of gender with students. The text says:

"The inclusion or maintenance of the expressions 'gender identity', ' gender ideology ' and 'gender orientation' is prohibited in any document complementary to the Municipal Education Plan, as well as in the curriculum guidelines".

The Attorney General's Office questioned the prohibition because it considered censorship of teaching, pluralism of ideas and the right to freedom to learn, teach and disseminate thought, art and knowledge. It would not be up to a municipality to define what can and cannot be discussed in the classroom.

In December 2019, Minister Edson Fachin's monocratic decision had already suspended the effects of the Blumenau legislation. In Tubarão, the case is under the rapporteur of Minister Rosa Weber, but has not yet been tried.

In April 2020, the plenary session of the Federal Supreme Court (STF) considered a law of similar content approved in the municipality of Nova Gama (DF) to be illegal. The 11 ministers considered it unconstitutional to establish laws that veto content in schools.

The April decision suggests what the Supreme Court's understanding of Santa Catarina's cases should be. It is very likely that both laws will be considered unconstitutional and that discussions about gender inclusion and diversity in schools will be allowed. Read more by Educadora