Eficácia jurídico-social da Lei 14.723/23 no combate ao racismo contra as populações negras no Brasil

Abstract

This monograph aims to analyze the legal and social efficiency of Law 14.723/23, through the adoption of public policies of racial quotas in Brazilian Higher Education and its effectiveness with regard to the constitutional guarantee of material equality between individuals, discussing, for this, the constitutionality of the use of the criterion "race" in the promotion of public policies in the country. In addressing the discussion on the adoption of racial quotas in Higher Education, this article is based on scientific studies and jurisprudence concerning the subject, in addition to public hearings that took place in the Supreme Court during the procedure of Law n. 12.711/12. This analysis will initially be developed from the study of the history of the Brazilian’s slave system and the laws implemented in the country from the Colonial Period to the 21st century, which encouraged the whitening of the population and, consequently, maintained the marginalization of black populations in society, especially in the educational field. Furthermore, an analysis will be made on the positions against the adoption of the racial criterion in public educational policies in Brazil and its possible causes, discussing the justifications and assumptions that are mainly based on the concept of ‘racial democracy’. Finally, the impact of the Covid-19 pandemic on the structural racism that permeates the country's most renowned educational institutions will be observed. From this perspective, it’s specifically intended to understand the extent to which the Law n. 14.723/23, the successor to the Quota Law, is efficient to combat Brazilian racial inequality in higher education, both in the long and short term, as long as it’s associated with the adoption of other educational public policies. In summary, this monograph aims to understand how the application of this law enables not only a reduction of educational inequality, but also contributes to the long fight of the Black Movements to prevent the advancement of the Brazilian Higher Education institutions’ whitening and in the most economically and intellectually favorable professions of society