PUBLIC POLICIES FOR THE INCLUSION OF BLACK PEOPLE IN THE BRAZILIAN JUDICIARY: a study about public examinations for careers in the São Paulo Court of Justice

Abstract

This article aims to analyze the effectiveness of public policies for the inclusion of Black people in the judiciary of the state of São Paulo, following the implementation of Resolution No. 203/2015 by the National Council of Justice in the aforementioned court, which stems from Law No. 12.990/2014 that establishes this policy. Initially, a bibliographic review was conducted based on the theoretical framework of Professor Silvio Almeida, who addresses structural racism, understood as a normal manifestation of society, providing the meaning, logic, and technology for the reproduction of forms of inequality and violence that shape contemporary social life. The issue arises from the fact that, although there is a policy of reserving 20% (twenty percent) of positions for Black people, this percentage is generally not achieved. The reasons for this, as this study aims to explore, lie in the effectiveness of implementing the quota when analyzed by the hetero-identification committee. To this end, the research was divided into six chapters, in addition to the bibliography. The first chapter contextualizes the introduction to the topic; the second chapter outlines the choice of research methodology; the third chapter examines the issues observed regarding skin color through the lens of the theoretical framework; the fourth chapter initiates the quantitative analysis of the research; the fifth chapter discusses the application of public policies in the appointment of public positions for Black people; and the sixth chapter concludes the research, highlighting the impacts of the inclusion policy thus far. Methodologically, both qualitative and quantitative approaches were adopted. The former involved reviewing literature and documents based on the theoretical framework, which elaborates on the historical and social context of the Black Brazilian population, particularly in terms of colorism stemming from a racist structure. In the quantitative aspect, four public entrance examination announcements from the São Paulo Judiciary were analyzed following the implementation of the law, with the aim of identifying at what point the exclusion of Black candidates occurred. The research method was deductive, starting from initial premises laid out in the methodological discussion, which led the researcher to conclude that it would be necessary for the identification committees to provide detailed reports to clarify their reasoning regarding the Blackness of candidates excluded from the examinations.