O controle judicial dos atos de bancas de heteroidentificação : limites e possibilidades

Abstract

Policies to reserve vacancies based on ethnic-racial definition are an important mechanism for including people historically harmed by acts such as slavery and its effects. In this regard, Brazil, from the 2000s, adopted its own quota system. It turns out that, primarily, identification by the candidate himself (self-identification) was established as the gold standard to fit in whether or not he would be the target of the policy (black, brown and indigenous). However, after several attempts at fraud and with the judgment of ADC 41/DF, it became common to check the candidate's declaration by means of an examining board (classification by others). However, although it is indeed necessary to curb fraud (protection of the public interest), sometimes violations of candidates are committed by issuing opinions that lack transparency and a clear decision-making pattern. Thus, in an attempt to shed light on the limits of judicial control of the acts of hetero-identification banks, this investigation is carried out, making use of the doctrinal, jurisprudential and legal study on the subject, as well as inferences and logical deductions