Ingresso de pessoas negras na magistratura brasileira: a relação entre educação e efetividade da legislação de cotas nos concursos para juízes

Abstract

The research aims to analyze the relationship of education and the effectiveness of affirmative policies legislation for racial quotas in the Brazilian judiciary. The small amount of black people in the Brazilian judiciary leads to question the effectiveness of the measures provided for in the legal system in favor of this population, as the resolution of the National Council of Justice n.203/2015, which provides for the reservation to black people, within the scope of the Judiciary, twenty percent of the vacancies offered in public tenders for effective positions and entry into the Judiciary. Despite the reservation of vacancies, it remains difficult for black people to enter the judiciary, due to several factors presented in the work, including social and racial inequalities and the themes that permeate the conjuncture, especially with regard to education. Faced with the issue of racism and social and racial inequalities, public policies were established as a mechanism that seeks to minimize the difficulties of vulnerable parts of the population, which have challenges to occupy a good position in the labor market, especially through public tenders of greater demand, as is the case of the judiciary. For an effective entry of blacks/s in the Brazilian judiciary it is necessary an educational preparation, which is possible in compliance with article 3 of the CNJ Resolution, which assures the organs of Justice that, in addition to the reservation of vacancies, can establish other affirmative action mechanisms in order to ensure access to positions of black people in the Judiciary.