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 Selection
Processes at the Federal University of Amapá (UNIFAP), based on the legal and
hermeneutical controversies generated by Resolution no. 21/2022, which redefined the
institution'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 the
PJe system, covering the period from January 2023 to December 2024. The results show that
conflicting judicial decisions directly affected the enrollment of candidates, causing
successive changes to the public notice and generating institutional instability. The research
highlights the insufficiency of the formalist reading of the law, predominant in some of the
decisions, and proposes black and anti-discriminatory hermeneutics as an alternative
theoretical framework capable of highlighting the impact of the social position of legal
interpreters on the application of affirmative action. The conclusion is that the absence of an
inclusive vision contributes to the reproduction of structural asymmetries and that it is
necessary to rethink the limits of judicial intervention in public education policies. As a
practical recommendation, we propose the creation of training programs for the judiciary in
partnership with public universities, especially federal universities, with a view to critical
training in race relations, legal-racial literacy and overcoming the ideology of the myth of
racial democracy, with a viewmaking law an instrument of substantive justice and social
emancipation.