Admission, permanence and trajectory of the black population in graduation courses at UFGD

Effectiveness of Law 12.711/2012

Abstract

Law No. 12,711/2012 addresses the reservation of 50% of the spots in Brazilian federal universities and institutes for students from public schools. Within this percentage, a proportion is designated for black, brown, indigenous, and disabled students. This article aims to analyze the effectiveness and distortions in implementing the Affirmative Action Law and evaluate its effects on the social mobility of black students who graduated from UFGD (Federal University of Grande Dourados). The research adopts an exploratory nature to achieve these objectives and employs both quantitative and qualitative approaches. Data was collected through questionnaires applied to black affirmative action students from 2013 to 2021. To analyze the distortions and legal effectiveness in implementing Law No. 12,711/2012, the research adopts a documentary approach, examining selection process notices and terms of adherence to the SISU (Unified Selection System) of ten Brazilian federal universities, two from each geographical region. This analysis involved prescription, description, and analysis studies guided by the Tridimensional Theory of Law (TTD) as the theoretical framework. Regarding the legal effectiveness and distortions in the implementation and execution of Law No. 12,711/2012, it was found that most notices do not comply with the legal determination of distributing spots for courses, as they group the ethnic-racial segments of black, brown, and indigenous without observing the minimum distribution and rounding rule of one place per segment. Furthermore, creating an additional feature that includes black, brown, and indigenous with disabilities uses a distribution formula that takes spots away from the ethnic-racial element without disabilities. On the other hand, the study highlights the positive impact of access to higher education on the trajectory of black students, leading to beneficial changes in employment, income, and social integration after completing undergraduate courses. This study revealed the distortions in the implementation of Law No. 12,711/2012 and its legal effectiveness and efficiency, as well as discuss strategies to address the challenges of symbolic and material retention of black affirmative action students in the university. Both studies pointed out the importance of affirmative action policies in higher education and their positive effects on graduate affirmative action students. However, it is necessary to recognize that racial inequality persists and requires overcoming tensions through structural actions based on an anti-racist culture.