Análise da efetividade da lei 12.711/2012 para ingresso de negros/as no ensino superior em universidades federais (2015 -2020)

Abstract

The research had as its object of study, the Law 12,711/2012 and the decrease in vacancies for black students due to the segmentation in the distribution of vacancies. It was found that the study is part of the Education and Diversity line, characterized by the sociological, historical, educational and legal nature. To meet these aspects, the theoretical framework used was the three-dimensional theory of law that shares and brings the study closer to other references that support the context and the historical-cultural process of the Brazilian reality. The research objectives were: to analyze limitations related to the segmentation or not of ethnic-racial quotas; dimension the evolution of the number of entrants by quotas; and point out distortion mechanisms and effects in the segmentation of vacancies by quotas. With the objective of analysis and dialogue with the field of study, the state of knowledge, from 2013 to 2019, of national scientific theses and articles in the field of education was carried out, with a specific topic around scientific production in Mato Grosso do Sul in the documentary research, 1325 documents were collected, from 15 Brazilian federal universities (three per geographic region) in the time frame from 2015 to 2020. Of prescription, description and analysis. Given the large volume of documents, two federal universities were selected, using the interior, capital and metropolitan region criteria, from each of the five Brazilian geographic regions, making a total of 10 institutions. North: Federal University of Roraima and Federal University of Amazonas; Midwest: University of Brasília and Federal University of Grande Dourados; South: Federal University of Santa Catarina and Federal University of Pelotas; Southeast: Fluminense Federal University and São Carlo's Federal University; and Northeast: Federal University of Paraíba and Federal University of Recôncavo Baiano. For each institution, two selection processes were selected for analysis, preferably, their Selection Process and the Unique Selection System of three courses with at least intermediate competition. As a tool for analysis, a protocol was drawn up that compared the selection processes with Law 12,711/2012, according to regulations and public notices, from the years 2016 and 2020. The distortions found were: the implementation of grouping of ethnic-racial segments (black, brown, indigenous) without distributing the legal minimum number of vacancies per segment. The creation of another segment, the black, brown and indigenous people with disabilities, which, according to the formula used, removes vacancies from the non-disabled ethnic-racial segment. Most of the notices and terms of adhesion surveyed did not meet the rules for the distribution of vacancies that determine, according to rounding rules, at least one vacancy per segment.