THE RACIAL QUOTA SYSTEM IN BRAZIL. RESERVATION OF VACANCY FOR BLACK PEOPLE IN PUBLIC COMPETITIONS AND CONSTITUTIONALITY OF LAW 12.990/2014

Abstract

Racial quotas have been an instrument of affirmative action by the Government, aiming to reduce social inequalities and favor groups considered less favored, notably black people. Among these affirmative actions, we have Federal Law No. 12,990/2014, which provides for the reservation of 20% (twenty percent) of vacancies for blacks in federal public tenders within the scope of the direct and indirect federal public administration, which will be addressed in this work under the heading perspective of the constitutional principle of equality, seeking to awaken a debate on the subject that is quite controversial. To this end, historical and social aspects will be addressed for a better critical analysis on the subject, analyzing the Declaratory Action of Constitutionality No. 41 that was proposed by the Federal Counselor of the OAB and judged in 2017. Some aspects will be presented about the effectiveness of affirmative public policies that aim to promote economic and social equality for the insertion of the black population in society.