Racial Affirmative Action and the Consensus on Phenotypic Hetero-Identification: Notes on the State Universities of the Brazilian Midwest

Abstract

Racial affirmative action policies in Brazil have recently reached consensus in their technical procedures for defining black subjects of law, through phenotypic heteroidentification panels. Such panels aim to minimize reports of fraud, legitimize the subjects of affirmative policy law and provide legal security to institutions. This article revisits the construction of this consensus. Before 2012, the landmark Law 12,711, which standardizes affirmative actions in Federal Higher Education Institutions, there was a diversity of understandings and selection procedures. Currently, there is a unified model for these federal institutions and homogeneity regarding the phenotypic heteroidentification procedure. As federal legislation is not imposed on state universities, we highlight similarities and differences between the hegemonic model of phenotypic heteroidentification of federal and state universities in the Midwest. Methodologically, we conducted documentary and bibliographical research on the selection processes of State Universities in the Central-West region, with an emphasis on the different models of phenotypic heteroidentification implemented throughout the 21st century. The results indicate, in many ways, an essentialization of black identity and a depoliticization of the public debate on racial issues in Brazil. We therefore assess that this resulted in a decrease of criticism of the formation of Brazilian national identity and the establishment of objective parameters for the definition of black subjects of law.