Reflexão crítica como juiz ou jurista negro sobre decisões judiciais contrárias às decisões das bancas de heteroidentificação - necessidade de retextualização/reescrita

Abstract

In this text, we seek to demonstrate the need to rewrite judicial decisions that oppose the actions of heteroidentification boards, which are mechanisms created to prevent fraud in the self-declaration system for access to affirmative action through racial quo tas. The rewriting or retextualization of these decisions aims to privilege the actions of these commissions, which, in reality, are nothing more than a way to ensure the effectiveness of racial quotas for Black (Black and Brown) and Indigenous people. Emphasizing Black individuals and based on their experiences in Brazilian society, where stigmatizing and prejudiced cases are not uncommon, the constitutional principles underlying such affirmative actions (racial quotas) will be addressed. The aim of this work s to demonstrate the need to rewrite decisions opposing the heteroidentification boards, examining three real cases. The approach to retextualizing the decisions in question will be primarily based on the teachings of Professor Adilson José Moreira, as presented in his 2019 book "Thinking Like a Black Person – An Essay on Legal Hermeneutics," in which he proposes the development of a Black Hermeneutics. The work is divided into three chapters, covering the principles of equality, isonomy, and human dignity in direct relation to Black people in Brazil, addressing the concept of "thinking like a Black judge," and analyzing the decisions contrary to the affirmations of the heteroidentification boards, proposing their reinterpretation.