Reflexões jurídicas acerca do procedimento de verificação instituído pela portaria normativa nº 4/2018 do Ministério do Planejamento, Desenvolvimento e Gestão

Abstract

This paper aims to investigate the legality of the racial heteroidentification mechanism established by Normative Ordinance No. 4/2018, of the Ministry of Planning, Development and Management, as well as to propose an improved theoretical model capable of fulfilling the same task. This procedure is a criterion adopted in addition to the self-declaration required for candidates applying for the affirmative action created by Law No. 12,990 / 2014, which reserves to black people 20% of the vacancies offered in public contests for the provision of public positions and jobs in the federal field. Thus, we examine the assumptions that led to positive discrimination in favor of black people in order to devise a less legally pernicious method for individualizing the addressees of the action. With this purpose, hypotheses are conjectured from the normative statements of Normative Ordinance No. 4/2018, identified legal incongruities and proposed improvements. In this context, the conclusion is that, although it is necessary to give efficiancy to the public policy in debate, the adopted procedure needs improvements to be compatible with the current legal order.