O Ministério Público Federal e a Justiça Federal diante da Lei de Cotas Raciais na Universidade Federal de Sergipe : uma análise do período pré-comissões de heteroidentificação

Abstract

This paper analyzes the role of the Federal Public Prosecutor's Office (MPF) in enforcing Law No. 12.711 of 2012 (Quota Act), specifically in cases of fraud involving reserved places that occurred before the establishment of the Heteroidentification Commission at the Federal University of Sergipe (UFS). In this sense, an overview of racial quotas for admission to Brazilian universities was outlined, analyzing, in greater detail, the context of the UFS, since Resolution No. 80 of 2008 of the Council for Teaching, Research, and Extension (CONEPE), which implemented the UFS Affirmative Action Program (PAAF-UFS), as well as since the establishment of the Quota Act. In this scenario, this study shows that the absence of control measures in access to places reserved for black, brown, and indigenous people during most of the first cycle of the Quota Act (from 2012 to 2022) allowed the distortion of the purposes of affirmative action, with the undue occupation of reserved places by phenotypically white people. Highlighting the central role of the MPF in ensuring the greater effectiveness of affirmative action, extrajudicial proceedings filed by this body on the subject were analyzed, as well as 14 Public Civil Actions (ACPs), under the jurisdiction of the Federal Court of Sergipe (JFSE), aimed at repairing the damage caused by the improper occupation of places reserved for black, brown, and indigenous people.