Entre a garantia constitucional e os desafios para efetivação: cotas raciais nas universidades públicas, estudo jurídico sobre os avanços legislativos e as dificuldades práticas em sua implementação

Abstract

This paper aims to discuss the affirmative action policy of racial quotas in Brazilian higher education. The policy of racial quotas, although recognized as a fundamental mechanism for historical reparation, exposes the persistence of structural racism and the inefficiency of the State in promoting equal opportunities, especially through a historically backward and unequal educational system. The discussion goes beyond the dichotomy between those in favor and those against, demanding a critical analysis of the continuity of this measure, initially conceived as temporary. The paper also contextualizes the role of the Brazilian State in legitimizing racial inequalities, both through its omission and through historical legislation that supported discriminatory practices. The first chapter presents a historical review of racism in Brazil, with an emphasis on the consequences of the slavery period and the analysis of legal provisions that supported discriminatory policies, highlighting the need for affirmative action policies as a response to the structural effects of racial inequality. The second chapter is devoted to the study of racial quotas in Brazilian public universities, addressing their implementation, scope, institutionality and the risks to their sustainability, considering the decentralized nature of the policy. The third chapter examines the role of the Judiciary in legitimizing, regulating and monitoring racial quotas, highlighting its still limited performance in the face of the structural challenges of racial inequality. It also highlights the main obstacles to the effectiveness of the policy, such as the lack of consistent monitoring, insufficient support for student retention and the limited number of places offered.