O ingresso de negros nos cursos superiores e em cargos públicos por meio das cotas raciais: uma análise do critério da heteroidentificação no Brasil

Abstract

Brazil is one of the countries with the highest index of social inequality in the world and occupying the largest portion of the country's poor population, are blacks. The phenomenon behind this racial division in our country has its origin in the historical predominance of Western rationality, which has as its ideal the maximization of the standards imposed by the model and the consequent invisibility of everything that is not part of its parameters of acceptability. In the light of the discrediting and marginalization of the black people in the history of Brazil, many of their reflections are still felt by this population today, such as prejudice, discrimination, segregation and racism. In the face of such inequality and in light of many claims, Brazil, through the 1988 Constitution, recognized inequalities in the country and based on that, established norms of a distributive and punitive nature, in order to repair inequality and punish those who act in ways that discriminate or segregate blacks in the country. One of the remedial measures is the use of racial quotas, which aim to incorporate more blacks in universities and public offices, in view of the differing level of occupation in relation to whites, even though they are the majority in the country. Through the dialectical method, the present study will use bibliographic research to critically analyze the application of racial quotas in Brazil as well as the criteria for their use, namely: self-declaration and hetero-identification. The debate to be held is based on the fact that for the correct application of racial quotas and their mechanisms of use, only individuals listed by the legislator in the laws should enjoy this benefit without violating other rights. However, in practice this often does not happen, in view of the countless cases of fraud in self-declarations and problems with the identification of the black individual by the hetero-identification commissions that use only the phenotype to assess the condition of being black to the candidate, which is a mistake since this circumstance transcends the phenotypic barrier, it should be observed along with this criterion the economic, social and emotional characteristics of the individual