Desigualdade e invisibilização étnico-raciais nos Programas de Pós-Graduação em Direito do Brasil: diagnósticos e iniciativas para a superação desse quadro.

Abstract

This thesis aims to analyze ethnic-racial inequality and invisibilization within the country's Graduate Programs in Law (PPGDs), based on an analysis of racism – in its various dimensions and as a structure of social inequality – the history and structure of the National Graduate System (SNPG), as well as the diagnosis of the underrepresentation of black professors and students in these academic spaces and the non-existence and outdatedness of the respective ethnic-racial data. The research problem is embodied in the following questions: a) is there ethnic-racial inequality and invisibilization in Brazilian PPGDs?; b) what affirmative actions and policies can be developed to address them?; and c) is binding regulation of these actions necessary?. The methodology adopted is matrix-based, articulating empirical and theoretical-dogmatic research strategies. The thesis is part of the matrix research "Racial Justice and Access to Education: training and promotion to solve the deficit of black students and professors in the Graduate Programs in Law in the North and Northeast Regions" and is part of the "Abdias Nascimento" research group. Part of the empirical data was collected and shared by the members of the group, and another portion was collected by the author, from official databases such as the Sucupira Platform and GeoCAPES. Regarding the theoretical contribution, a systematic and narrative literature review was carried out on topics such as racisms, ethnic-racial inequality, affirmative action policies, the SNPG, and research in Law in Brazil, in addition to a national and international normative and jurisprudential analysis. Regarding the logical-methodological reasoning that guides this articulation between the collected data and the mobilized theories, this work incorporates the abductive methodology. The structure of the thesis culminated in the writing of five chapters: the second analyzes the evolution of the concept of racism in its various dimensions and as a structure of social inequality; the third examines the normative and jurisprudential advances in the fight against racism, in Brazil and in the world, and the SDG-18 initiative; the fourth analyzes the structuring of graduate studies in Brazil and the SNPG; the fifth examines the trajectory of legal research and the quantitative situation of the PPGDs, from a regional and racial perspective; and the sixth and final chapter discusses the indispensability of adopting ethnic-racial affirmative action policies in the context of the PPGDs, presenting propositions and initiatives and supporting the need for guiding and binding legal-normative mechanisms that enable their full implementation. This thesis concludes that there is ethnic-racial inequality and invisibilization in Brazilian PPGDs, embodied in an institutional and structural/structured racism and by the need for the implementation of concrete affirmative actions and policies, necessarily instrumentalized by guiding and binding regulations.