Análise da lei de cotas raciais à luz das interpretações jurídicas e institucionais do termo pardo

Abstract

The racial quota law was instituted in Brazil with the purpose of establishing compensation for the cumulative social inequality that the black population inherited during the country's historical formation, according to statistical data representative of the socioeconomic reality of the population. Nonetheless, the text of the law allows for a broad interpretation with regard to the public to be benefited, a fact that causes judicial disputes and institutional conflicts in its application. From this, the purpose of this work is to analyze the problem that echoes in this interpretative dubiousness, its reason, its effects, the legal, institutional and social reflection that this intricate question has, and possible solutions. For this purpose, this work covers the historical, social and political background of the law, using the methodology of bibliographic research, both historical and sociological and, finally, juridical, with the presentation of understandings and decisions established on the issue. The work concludes that the purpose of the norm, in its genesis, is to benefit subjects who suffer discrimination because of their appearance, notably because of their color, and that the imprecise legal text reflects institutional strategies for its approval in the legislative houses.