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Título: BLACK EGALITARIANISM AND THE STRUGGLES FOR THE DEMOCRATIZATION OF HIGHER EDUCATION IN BRAZIL: AN ANALYSIS OF THE JUDICIALIZATION OF LAW 12.711/2012 IN FEDERAL REGIONAL COURT OF THE STATES OF RIO DE JANEIRO AND ESPÍRITO SANTO
Autor: HELOISA DE FARIA PACHECO
Colaborador(es): GISELE GUIMARAES CITTADINO - Orientador
Catalogação: 08/ABR/2025 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=69888&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=69888&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.69888
Resumo:
This dissertation aims to comprehend the permanence of the judicialization of affirmative action policies whose purpose is to democratize access to Brazil s public universities and federal public universities, while debating their functionality for maintaining or overcoming racial inequalities in the country. At the 10-year mark of the implementation of Law 12.711/2012 in Higher Education, it seeks to analyze what is in dispute in the effectiveness of these policies. Thereby, it resorts to the category Black Egalitarianism, established by Antonio Sergio Alfredo Guimarães, to understand the challenges that the struggles and forms of resistance in the black movement bring to the processes of democratic invention. Especially concerning the recognition of racial inequalities, approval of equality policies (promotional and anti-discriminatory), and the fight against racism in the educational field. Furthermore, it shows how fiscalization procedures and verification of recipients conditions are at the heart of controversies and legislative, jurisprudential, academic, and media debates, allowing different forms of formulation and implementation of public policy. From these subsidies, forty-one decisions (41) were issued by the Federal Regional Court of the Brazilian States of Rio de Janeiro and Espírito Santo (TRF2) concerning the enforcement of the Quotas Act by the universities located in these states (UFES, UFF, UFRJ, UFRRJ, UNIRIO). Initially, as specific objectives, we sought to identify the nature of the demand, the class of action, the Appellate Panels that issued the decisions, the current time of the decision, the universities involved, the sub-quota judicialization, the author of the appeal, type of legal assistance for the candidates, the judicialized graduation course, the manifestations of the Federal Public Prosecutor s Office and the university administration s office, and the result of the decisions in the second instance. In sequence, to understand the disagreements and the position in the Regional Court, the arguments presented by the authors of the appeals and the reasoning behind the decision of the collegiate body are analyzed. The objective is, therefore, to understand the disputes that remain after a decade of implementation of the federal legislation, especially regarding measures that were taken to control the effective access of its recipients to the right to access higher education ensured by that legislation.
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