50 years of research on blackness, racism, anti-racism and law in Brazil: 1971-2020
Racism, Blackness, Racial Law, Legal Research, Human Rights
The object of this study is the production of knowledge in postgraduate programmes (masters and doctorates) in the field of law between 1971 and 2020, which deal with the themes of blackness, racism and anti-racism. Our hypothesis is the possible invisibility of issues relating to blackness, racism and anti-racism in the field of law, which is why the following research question was chosen to clarify it: ‘How important are the issues of blackness, racism and anti-racism in the production of knowledge in the field of law?’. The theoretical foundation of this study is based on pan-Africanist theories of blackness and anti-racist legal theories, such as Critical Racial Theory (CRT) and authors such as Du Bois (2021; 2023); Césaire (2010); Fanon (2021); Munanga (2019); Bell Jr (1976, 1980, 1992); Crenshaw et all (1995); Crenshaw (1989; 2021); Prudente (1980); Bertúlio (1989) and Conceição (2009; 2014). From a methodological point of view, we have a mixed research study (Creswell, 2021) bibliographical (Gil, 2022; Lima and Mioto, 2007) and documentary (Cellard, 2008; Gil, 2022) of the state of the art type (Paula & Guimarães, 2014; Ferreira, 2002) on the possible invisibility of black authors and issues related to blackness, racism and anti-racism in the academic production of law that constitutes institutional racism, with a view to the theoretical location of the research based on some key concepts that guide it, such as blackness, Africanity, racism and anti-racist perspectives, racism and anti-racist perspectives in the field of law and the identification of research carried out in postgraduate law programmes in the 50 years of the current Brazilian postgraduate model (1971-2020), focusing on issues related to blackness, racism and anti-racism, based on the following dimensions: 1) Who are the main black authors in law and how are they treated as theoretical references, especially in stricto sensu postgraduate programmes (masters and doctorates); 2) What are the main topics treated in the academic production of law on the themes of ‘blackness and racism’; 3) In what period were these studies on ‘blackness’ and ‘racism’ carried out; 4) Who are the supervisors (second authors) of the scientific research on “blackness” and ‘racism’ in the area of Law and the institutional anchoring of these supervisors; 5) In which regions and units of the Federation the studies on ‘blackness and racism’ were carried out; 6) Which postgraduate programmes and institutions in Law carried out studies on ‘blackness and racism’; 7) What is the administrative character of the legal training and research institutions where studies on ‘blackness and racism’ were carried out; and 8) What are the main subtopics covered in the studies on “blackness” and ‘racism’ in Brazil; (iii) Investigate the international and Brazilian legal norms related to the issues that are the subject of this study and their location in the legal field. The research made it possible to find out micro-data about the research carried out, as well as about the authors of this research, who have become intellectual references and academic leaders in the field of law, today important jurists with outstanding work in the higher courts, public defenders, prosecutors, judges, ministers of the higher courts, professors and researchers of recognised prestige and renown in Brazil and abroad. The consolidation of studies on blackness and racism in legal research has also enabled the formation of a class of highly qualified lawyers who are professionals and scholars not only in this field, but also in other areas of society. These studies have also contributed to the adoption of positive measures to combat racism and promote racial equality from the point of view of the provisions of international and national legal norms, in order to establish the law of ethnic-racial relations as an object of study in the field of law