Direitos humanos das mulheres negras: políticas afirmativas de acesso ao ensino superior e a promoção da igualdade racial na advocacia paranaense

Abstract

The present study aims to analyze the contribution of affirmative policies – of access to higher education – to racial equality in Paraná’s advocacy, from the perception of black lawyers who used such policies, among them: racial quotas, PROUNI and FIES. In order to achieve this objective, it is hypothesized that affirmative policies are essential for the democratization of access to Higher Education, highlighting the relevance of racial quotas for the promotion of racial equality within the scope of Paraná’s advocacy, based on a focus on the experience of quotas at the Federal University of Paraná, particularly in the Law Course. As a research methodology, it was decided to carry out qualitative research, mixing documentary phase, with data collection in primary sources of Brazilian legislation and international standards, focusing on the racial issue. As a source of information and a tool for data collection, interviews were used, seeking to analyze the extent to which affirmative access policies to higher education provide equality in Paraná’s advocacy. The investigation counted on six self-declared black lawyers, who used affirmative policies to enter the Law Course. All of them had a minimum time of two years in the exercise of the professional activity of law in Paraná. The paper analyzes the legal framework regarding the guarantee of racial equality at the international level and in the internal legal system, focusing on Brazil in the face of the human rights protection system. It should be noted that the principle of equality, provided for in the 1988 Constitution, is attributed two distinct and complementary contents: non-discrimination and the promotion of equality, with affirmative policies justified in the latter. It is understood in this work that equality between human beings is an assumption, and at the same time. One of the most relevant human rights, that is why it must be sought to bring it into effect. Among the doctrinal categories that deal with the concept of equality, emphasis is placed on material equality, in the sense of recognizing identities, in this case, racial identity. Affirmative policies, in higher education, for the promotion of racial equality are fundamental for this, and for this reason they are examined, with emphasis on racial quotas within the scope of UFPR. The verification of the professional activity of the advocacy, and the trajectory of the black worker contributed to the reflection on the situation of black women in the advocacy, supported by the concepts of gender relations, racism and intersectionality. From the interviews, the affirmation of affirmative policies for access to higher education was confirmed. The existence (and resistance) of racism was also confirmed in the legal sphere, highlighting the importance of using intersectionality as a tool to combat intersectional discrimination that affects black women. As the main conclusion of this research, the need to maintain affirmative policies was verified, in the context of higher education, given the evidence of its relevance for the promotion of racial equality, highlighting the special importance of racial quotas, because, as verified, this has the greatest potential to collaborate in the construction of a truly more just and egalitarian society.