A política de ações afirmativas como campo de disputa judicial: os impactos da judicialização das comissões de heteroidentificação na Universidade Federal do Amapá

Abstract

is research aims to analyze the impacts of the judicialization of affirmative action policies on the heteroidentification committees of Federal University of Amapá between 2021 and 2024. The study examines the functioning of these committees, their foundations, criteria, and procedures; identifies lawsuits challenging their decisions; verifies the concrete impacts of judicial review on affirmative action policies; and proposes institutional improvement mechanisms aimed at reducing judicialization. The methodological approach is qualitative and quantitative. It is qualitative insofar as it critically analyzes judicial decisions and institutional actors. It is quantitative in the collection and systematization of data concerning the number and frequency of lawsuits. From the perspective of technical procedures, this research is documentary in nature, based on the analysis of judicial decisions extracted from the Electronic Judicial Process System (PJe) and institutional documents related to the activities of the committees and the university’s responses to judicial determinations. Theoretically, the research adopts a socio-legal approach within the field of anti- discrimination law, grounded in a critical perspective on legal phenomena. The findings demonstrate that the judicialization of UNIFAP’s heteroidentification committees is concentrated mainly in highly prestigious programs, such as Law and Medicine, revealing disputes surrounding access to historically elitized spaces. The study also identified a deficit in racial literacy within the Judiciary, which directly affects the judicial review of the committees’ administrative decisions. At the institutional level, the research proposes strengthening heteroidentification procedures through normative standardization, continuous training, and improvements in administrative procedures related to compliance with judicial decisions. From a constitutive perspective, it advocates for the mandatory inclusion of courses on race relations, affirmative action, and anti-discrimination law in undergraduate Law programs. As technical products, the research developed: (1) the Regulatory Standard for Heteroidentification Procedures at UNIFAP; (2) the Institutional Procedures Protocol detailing actions in cases involving the judicialization of heteroidentification procedures; and (3) the Racial Heteroidentification Protocol for Public Selection Processes.