Judicialização da política de cotas raciais: análise de decisões do Tribunal Regional Federal da 5ª região sobre o método da heteroidentificação no contexto das universidades públicas

Abstract

The main purpose of the present work is to analyze decisions made by the Federal Regional Court of the 5th Region that deal with the use of the self-declaration verification method in the context of the implementation of the racial quota politcs in public universities. Therefore, it seeks to understand the characteristics of this Court's performance in view of the administrative verification procedures instituted by universities. It was also examined whether the posture adopted by the Court is opportune, considering the objectives of affirmative action. In the initial chapters, the methodology used was the bibliographic and legislative analysis related to the topic. Subsequently, the method was based on the examination of judicial decisions by the Federal Regional Court of the 5th Region, selected by a virtual system of jurisprudential search. In the end, it was found that, in the scope of collective demands, the Court's performance has been more active and, in the scope of individual demands, it has been less interventionist (with a greater tendency to maintain the administrative decision adopted by the verification committee). It was also concluded that the position of the Federal Regional Court of the 5th Region is opportune in light of the aims of the racial quota politcs implemented in public universities.