20 November: Reshuffling Brazilian holidays

Published: 17 January 2024

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This significant change, from a holiday regulated at the municipal level to a national observance, could cause substantial shifts in Brazil's holiday calendar. 

What’s the reason for this change? 

The holiday will commemorate the struggle for freedom and race equity in the wake of the transatlantic slave trade, which spanned from the 16th to the 19th century. The enslavement and transportation of millions of Africans for forced labour in the European cash crop plantations in the Americas resulted in large class gaps in Brazilian society which still exist today. 

In Brazil, communities of escaped slaves were known as Quilombos. Zumbi dos Palmares, an elected king, governed the Quilombo dos Palmares, located parallel to the coastline in modern Alagoas. The region was named due to the dense palm forests covering the interior. Zumbi dos Palmares' death by decapitation on 20 November 1695 is well-documented. Today, this date is celebrated annually in commemoration of Zumbi dos Palmares as a national hero and a symbol of freedom. 

Since the 2011 enactment of law 12.519/11, 20 November has been observed as a day of national commemoration. Recently, law 14.759/23 elevated 20 November to the status of a national holiday. This law was published on 21 December 2023, and 20 November will first be observed as a national holiday from 2024 as either National Day of Zumbi or Black Consciousness Day. 

The framework for Brazilian holidays is established by law 9.093/95, which allows for holidays to be established at national, state, and municipality levels.  

Most holidays at the national level are secular in nature and commemorate days of significance for all Brazilians. These holidays are regulated primarily by law 662/49. State holidays usually commemorate the day the state was created or elevated to statehood but may be dates of different local importance. For example, in Alagoas, the state holidays include 20 November in commemoration of Zumbi dos Palmares. Municipalities have the freedom to declare holidays at their choosing, limited to four holidays, including Good Friday, as per law 9.093/95.  

The elevation of 20 November to a national holiday echoes the sentiments of the Black Consciousness Day, already a common public holiday at the municipal level. In many cases where the day is not observed as a holiday, it is observed as a “ponto facultativo” – a non-working day at the employer’s discretion. However, the distinction between a holiday and a “ponto facultativo” is crucial. Unless a day is officially declared as a holiday, it should not be considered as such for the purpose of laytime computing. 

The implications of this transition are significant. The elevation of a common municipal and state holiday to a national level will free up room for more holidays at the local level, potentially causing a ripple effect in the Brazilian holidays as local laws will be revised. 

The decision to observe 20 November as a national holiday underscores the country's commitment to acknowledging its historical realities and honouring the struggle for racial equity. However, the complexities surrounding the definition and observation of holidays in terms of laytime computing remain. This case illustrates the importance of understand the nuances surrounding holidays and various forms of non-working days.  

As always, BIMCO will continue to monitor these developments closely and keep the BIMCO Holiday Calendar updated. 
 

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