Brazilian Court Upholds Affirmative Action Policy for Transgender Students at FURG

The Federal Regional Court of the 4th Region (TRF4) has confirmed the legality and continued implementation of the Federal University of Rio Grande’s (FURG) affirmative action policy reserving admission slots specifically for transgender individuals in its undergraduate programs. The ruling, delivered in July 2026, overturned a previous decision that questioned the policy’s legality and the associated university selection notices.

TRF4 emphasized that federal universities have constitutional autonomy to define admission policies, so long as they comply with prevailing laws, and recognized affirmative action as a legitimate means to promote equality and broaden access to higher education. Ana Furlong, Secretary of Affirmative Actions, Inclusion, and Diversity at FURG, explained that the program addresses the structural inequalities and barriers faced by the trans population in Brazil.

Studies referenced by the court indicate that transgender individuals encounter significant social exclusion and violence, impeding their educational retention and representation at university levels. The policy does not reduce slots for other candidates but creates dedicated spaces to improve access for this vulnerable group. The court noted that abolishing the program would terminate these reserved slots entirely without reallocating them to general admissions.

This decision reinforces the importance of inclusive educational policies aimed at mitigating historical marginalization of transgender persons and underscores university autonomy in promoting diversity and equal opportunity in Brazil’s higher education system.