Del i serien Cambridge Studies in Law and Society

Ruling Racial Quotas Constitutional in Brazil

The Black Movements' Resounding Affirmative Action Victories in the Supreme Court and Legislature

Inbunden, Engelska, 2027

AvSilvio Luiz de Almeida,Travis Knoll,John D. French,Waleska Miguel Batista,Thaís Duarte Zappelini

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Ruling Racial Quotas Constitutional explores a 2012 decision in which the Brazilian supreme court unanimously upheld racial quotas for university admissions in a striking victory for Black social movements. Drawing on legal records, public hearings, and amicus briefs, the book reveals how Black activists shaped the court's reasoning which produced a transformative intersectional quota system for the racially and socio-economically disadvantaged. Interdisciplinary in scope, it combines history, law, discourse analysis, and politics explore the strategies of Black activists to persuade the court and open a path to constitutional and legislative innovation. Essential for scholars, students, and legal practitioners, it shows that the intersection of collective action and the law can produce substantive change even in highly unequal societies. The book also highlights the distinctive interpretations of equality, race, and social justice held by the Brazilian Supreme Court as it gained centrality in national politics in the 21st century.

Produktinformation

Utgivningsdatum2027-01-31
FormatInbunden
SpråkEngelska
SerieCambridge Studies in Law and Society
Antal sidor210
FörlagCambridge University Press
ISBN9781047752008

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Silvio Luiz de Almeida is a Brazilian attorney and professor at Mackenzie Presbyterian University and the Getulio Vargas Foundation (FGV) in Sao Paulo. As the Honorary President of the Luiz Gama Institute, he has played a key public role in legal debates surrounding Brazilian legislation on racism and anti-discrimination. Almeida is the author of the seminal Racismo Estrutural (2019) as well as Sartre: Direito e Política (2016) and O Direito no Jovem Lukács (2006). Travis Knoll is an independent scholar and social entrepreneur. His investigations into social mobility and access to higher education included service as manager of a 2017–2018 Duke Bass Connections on the Cost of Opportunity? Higher Education in the Baixada Fluminense. His forthcoming monograph is entitled A Revolution of the Book: Black Catholic Movements in Brazil's Affirmative Action Campaign. John D. French is a Duke University Professor of History and African American Studies who specializes in modern Brazilian and Latin America. He has published two monographs on Brazil (1992, 2004) and co-edited The Gendered Worlds of Latin American Women Workers (1997). Lula and His Politics of Cunning, his 2020 biography of Brazil's President, won both the Warren Dean and Sérgio Buarque de Holanda book prizes. Waleska Miguel Batista is a Brazilian attorney and specialist in anti-discrimination compliance. She is Professor of Law in the School of Humanities, Social and Legal Sciences at Pontifical Catholic University of Campinas (PUC-Campinas) and the Director of Communication at Instituto Luiz Gama (Human Rights Institute), São Paulo, Brazil. Thaís Duarte Zappelini is a Brazilian attorney and Postdoctoral Fellow at the University of Illinois since 2023. She published her first monograph, Liberalismo jurídico: uma discussão sobre Direito e escravidão no Brasil oitocentista in 2025. Zappelini currently works on the Brasillinois Initiative, with research on democratization, affirmative action in higher education, and women's rights.

Introduction; 1. Contesting racial quotas at Brazil's Supreme Constitutional Court; 2. Debating racial quotas at the STF: understanding the public hearings organized by STF rapporteur Lewandowski; 3. The art of persuasion: Black civil society's winning strategy at the STF public hearings; 4. The Supreme Court decides: racial inequality is a violation of 'material or substantial equality for all'; 5. From dissent to deliberative convergence: explaining STF unanimity and its legislative consequences; 6. What Brazil can teach us: the constitutional and ethical roots of a judicial victory; Conclusion; Endnotes; Bibliography; Appendices.