THE JUDICIALIZATION OF THE SELECTION PROCESSES AT THE FEDERAL UNIVERSITY OF AMAPÁ IN THE LIGHT OF BLACK HERMENEUTICS AND ANTI-DISCRIMINATION LAW

Abstract

The article analyses the judicialization of the 2023 and 2024 SelectionProcesses at the Federal University of Amapá (UNIFAP), based on the legal andhermeneutical controversies generated by Resolution no. 21/2022, which redefined theinstitution's vacancy reservation policy. The research, which is descriptive and qualitative-quantitative in nature, is based on a documentary analysis of 43 court cases extracted from thePJe system, covering the period from January 2023 to December 2024. The results show thatconflicting judicial decisions directly affected the enrollment of candidates, causingsuccessive changes to the public notice and generating institutional instability. The researchhighlights the insufficiency of the formalist reading of the law, predominant in some of thedecisions, and proposes black and anti-discriminatory hermeneutics as an alternativetheoretical framework capable of highlighting the impact of the social position of legalinterpreters on the application of affirmative action. The conclusion is that the absence of aninclusive vision contributes to the reproduction of structural asymmetries and that it isnecessary to rethink the limits of judicial intervention in public education policies. As apractical recommendation, we propose the creation of training programs for the judiciary inpartnership with public universities, especially federal universities, with a view to criticaltraining in race relations, legal-racial literacy and overcoming the ideology of the myth ofracial democracy, with a viewmaking law an instrument of substantive justice and socialemancipation.