DAS POLÍTICAS DE COTAS RACIAIS PARA NEGROS NO BRASIL SOB O PRISMA DOS DIREITOS HUMANOS

Abstract

This article addresses racial quota policies for Black people in Brazil from the perspective of human rights. Its general objective is to analyze the extent to which such affirmative actions are compatible with human dignity, substantive equality, and the prohibition of racial discrimination in the Brazilian legal system. The research problem asks whether racial quotas and heteroidentification can be understood as legitimate instruments for the realization of human rights in a society marked by historical inequalities. The deductive method was used, with a qualitative approach, through bibliographic, legislative, and jurisprudential research, starting from the general theory of human rights and moving toward the specific analysis of the Brazilian racial reality and affirmative actions in access to higher education. The results indicate that racial inequality in Brazil has historical and structural foundations, and that a merely formal conception of equality is insufficient. It concludes that racial quotas constitute a legally legitimate mechanism for promoting substantive equality and that heteroidentification, when due process, the right to adversarial proceedings, full defense, and human dignity are observed, is compatible with the constitutional purpose of affirmative actions.