Constitucionalismo Plural: as assimetrias simbólicas e materiais injustas como justificação das cotas raciais na pós-graduação

Abstract

The aim of this research developed in the Graduate Programa (Master Level) in Public Law at Rio de Janeiro State University was to reflect on constitutionalism and anti-racism, based on the analysis of affirmative action policies aimed at black people (black and brown or preto and pardo brazilians) within the scope of postgraduate programs in institutions such as UnB and the State University of Rio de Janeiro itself. To achieve this goal, the starting point is Gilroy's “Black Atlantic” category and its potential to guide the theoretical framework in which this research is based: Law and Race Relations. Thus, based on the theoretical contributions of Afro-Brazilian and/or anti-racist jurists and non-jurists, we contribute to a rising debate on the rights of black people in Brazilian constitutionalism, since overcoming racism is a mandatory condition for strengthening of democracy and the achievement of a fair, fraternal and supportive society, unconditionally anti-racist. Therefore, through bibliographical review and document analysis, we propose a theoretical-methodological turn capable of capturing the nuances of anti-black racism in Brazil in light of the colonial condition that was once imposed on us and that remains coloniality, impacting public policies. We suggest changes to the administrative regulatory apparatus to promote racial inclusion at this level of education.