O fim da vigência da lei n. 12.990/2014 e a manutenção do sistema de cotas raciais em concursos públicos

Abstract

The implementation of affirmative action policies in Brazil reflects the constitutional commitment to promoting equality and reducing racial inequalities. Law No. 12.990/2014 established the reservation of 20% of positions in federal public service exams for black candidates, aiming to mitigate racial underrepresentation in the public workforce. However, with the expiration of its validity in 2024, uncertainties have arisen regarding its continuation, justifying the need for an in-depth analysis of its maintenance. In the Direct Action of Unconstitutionality No. 7.654, the Federal Supreme Court, through a precautionary measure granted by Minister Flávio Dino, ensured the provisional continuation of the effectiveness of Law No. 12.990/2014 until the National Congress makes a decision, due to the risk of social setbacks and legal insecurity. This study aims to analyze the impacts of this affirmative action policy over a decade, considering its progress, challenges, and perspectives for continuity and improvement. The research is based on the constitutional analysis of the principle of equality, grounded in the Declaratory Action of Constitutionality No. 41 of the Federal Supreme Court, as well as a literature review and statistical data collection on racial representativeness in the public service. The results indicate that, despite progress in the inclusion of black individuals in public positions and the reaffirmation of the constitutionality of the affirmative action policy through jurisprudence, the implementation of Law No. 12.990/2014 still faces challenges, such as fraud in the self-declaration criterion and normative gaps that limit its effectiveness. It is concluded that the maintenance of racial quotas is essential for promoting racial equity and reducing structural inequalities, and that normative improvements are crucial to ensure its effectiveness and social justice.