WHO IS THE PARDO SUBJECT ENTITLED TO RACIAL QUOTAS? THE IMPACT OF JUDICIAL DECISIONS ON THE (DE)CONSTRUCTION OF BLACK IDENTITY IN BRAZIL

Abstract

This article examines the judicialization of racial identity in Brazil, analyzing court decisions that define who is considered "pardo" (brown) for the purpose of racial quotas. The methodology adopted is qualitative, theoretical-documentary, and exploratory, based on the analysis of judicial sentences and a review of relevant literature. The research reveals that the homogeneous profile of the Judiciary generates a bias in which whiteness acts as the dominant reference point for validating racial identity. This approach is contrasted with the understanding of "pardo" as a political-identitarian category consolidated by the Black Movement, established in opposition to the myth of racial democracy and as a form of accessing rights. To confront this issue, the article proposes a protocol for recognizing the pardo identity as a subject entitled to racial quotas, aligned with the principles of self-identification and hetero-classification. It is concluded that the proposed protocol serves as a concrete instrument to overcome current contradictions, allowing the application of racial quotas to align with the objectives of justice and social reparation that motivated them.