Racismo estrutural e o poder judiciário maranhense: política de cotas raciais para carreira de magistratura no Maranhão e o princípio constitucional da igualdade

Abstract

This study aims to analyze, focusing on the effectiveness of the racial quota policy adopted by the TJMA, whether there is an impact on the process of admission to the judiciary and on the promotion of equity between black and non-black candidates, after the advent of CNJ Resolution Nº 203/2015. It was problematized that there is a systemic structure of structural and institutional racism that directly interferes with the equitable representation of black people in the judiciary careers at the TJMA, affecting compliance with the constitutional principle of equality. To this end, it was first necessary to describe the historical and social context of black people and racism, emphasizing the concepts of structural and institutional racism. Subsequently, the constitutional provisions and the evolution of equality in Brazil were analyzed, outlining the legal context. In addition, the indispensability of public policies was highlighted, with a focus on racial quota policies in the country. Finally, the implementation and (in)effectiveness of the racial quota policy in the selection process for a career in the judiciary at TJMA were discussed, following the guidelines of CNJ resolution no. 203/2015. To this end, the inductive approach method, the legal-descriptive, socio-legal-critical and legal-diagnostic procedure method and documentary and bibliographic research techniques were used, using the qualitative and quantitative research type. The hypothesis was confirmed that, although the racial quota policy represents an important advance in promoting inclusion, it has not been sufficient, and that it is necessary to create other institutional policies to ensure racial equality within TJMA. An integrated set of affirmative actions is necessary to ensure the real effectiveness of racial quotas, contributing to overcoming the structural racial inequality that still marks the composition of the Maranhão Judiciary. This finding highlights the persistent action of the systemic structure of institutional racism in the state Judiciary, compromising the implementation of the constitutional principle of equality.