Pro-Black Law, Pro-White Interpretation: institutional racism, shortcuts and swindles for the non-implementation of Law no. 12990/2014 in federal universities

Abstract

The debate proposed herein on the implementation of Law No. 12990/2014 regarding the entrance examination for academic professorship in federal universities reveals the weakness of the Public Prosecutor's Office (PPO) in the protection of the Black population rights. The purpose of the present work is to further understand the interpretation behind the non-application of the art. 3 of the Law in public tenders for faculty positions in Brazilian higher education institutions. Inquired through the Law of Access to Information, the Public Prosecutor's Office has endorsed practices that deny rights to the Black population. Tenured positions and the application of art. 3 of the Norm have become mere details, susceptible to non-implementation, in face of the universities' claim that they have full autonomy concerning the interpretation of the Norm. The declarations from the Public Prosecutor's Office on eight public notices regarding higher academic teaching leaves no doubts: the institutional racism is laid bare within the institution responsible for ensuring the Democratic State of Law (DSL).

Keywords:
affirmative actions; university; Public Ministry; public tender; public policy