EDUCATION, LAW, AND SOCIAL JUSTICE: REFLECTIONS ON THE EFFECTIVENESS OF LAWS 10.639/2003 AND 11.645/2008 IN COMBATING RACISM AND VALUING CULTURAL DIVERSITY

Abstract

Racial and historical inequalities in Brazil have been perpetuated by an educational system that has neglected for centuries the contributions of Afro-descendant and Indigenous populations. Through an exclusionary, segregating, and racist political system, these populations have had their social, political, economic, cultural, and religious contributions silenced throughout Brazilian history. To address this historical erasure and promote the appreciation of cultural diversity, Laws 10.639/2003 and 11.645/2008 became a true "temporal milestone," making the teaching of Afro-Brazilian, African, and Indigenous history and culture mandatory in school curricula. This study aims to analyze, from the perspective of law and human rights, the advances and challenges in the implementation of these laws. The methodology was based on bibliographic research and documentary analysis of national and international regulations, including the 1988 Federal Constitution, ILO Convention No. 169, and the National Curriculum Guidelines for Ethnic-Racial Relations Education. The results indicate that, despite legal and normative advances, the actual implementation of these laws faces obstacles such as institutional resistance, lack of teacher training, and insufficient monitoring. Additionally, this research discusses the illegality of the temporal milestone, which threatens Indigenous territorial rights and contradicts constitutional and international regulations. It is concluded that, for these policies to be effective, an articulation between law and education is essential, promoting actions that ensure the curricular inclusion of these themes and social justice. Further research on the applicability of these laws and the strengthening of public policies to ensure their full and effective implementation is recommended.