Veiled racism marks the trajectory of black female judges – 07/03/2023 – Politics

When Gabriela da Conceição Rodrigues and a colleague, both black and judges of the TJ-SP (São Paulo Court of Justice), frequented the forums in the capital of São Paulo, they knew that they had to have in their hands the functional card to prove that they were magistrates.

When entering, for example, parking lots or elevators exclusive to judges, they were always stopped, except when they gave a ride to a white colleague.

“What I’m going to tell you is not a process of suffering, but an observation to see how many things need to change. People didn’t see us as judges”, says Gabriela, 34, head judge of the Criminal Court of Franco da Rocha.

According to her, the reaction of people in the courtroom is also different when it is a black woman presiding over the hearing. Gabriela claims that white male colleagues report having no problems with being interrupted or having discussion in the audience — the opposite of her experience.

“I’ve always been interrupted, because people don’t see me as an authority figure. Not that I want them to see it in the sense of arrogance, because I don’t think that’s how it works, but in an audience, I command less respect than a white man,” he says.

Reports like this were common in interviews with five state judges and a federal magistrate in the master’s research of lawyer Raíza Feitosa Gomes, at the Federal University of Paraíba, in 2018. The dissertation gave rise to the book “Cadê a Juíza?” (Lumen Juris), a title that comes from the questioning heard by the magistrates.

Raíza, who works at the Guaicuy Institute, says that there are different ways of dealing with the racism imposed by society. Silencing sometimes becomes strategic in a mostly white space.

“Brazil deals with racism in a very problematic way. It punishes people who suffer from racism and not those who practice it. Not talking about it can be a way of resisting”, he says.

A study carried out by the CNJ (National Council of Justice) on the profile of more than 11 thousand magistrates showed that, among women, black women make up 11.2% (365) of the titular judges and 12.1% (45) of the female judges.

One of the judges heard by Raíza told the story of a black girl who, after suffering racism at school, tried to change her skin color with white powder. Her mother, then, showed the magistrate’s portrait to the girl and then managed to arrange a meeting between the two. From then on, the girl began to tell everyone that she will be a judge.

Ombudsman at the TRT (Paraná Regional Labor Court) of the 9th Region, in Paraná, judge Neide Alves dos Santos, 62, says that when she saw a black judge, when she was an employee of the Labor Court in São Paulo, she realized that she could also hold office, something she hopes to awaken in other black women.

Born in Mogi das Cruzes, in the metropolitan region, she says that she collected money to enroll in the university and worked to pay for her studies. Graduated in the 1980s as the only black woman in the class, she says that the debate on diversity was less present.

“It was very veiled. Obviously I was impacted by the fact of looking to the side and not recognizing people like me. It lacked and still lacks representation,” says she, who is president of the court’s race and gender commission.

For Neide, the pattern of Judiciary decisions in the country also reflects the profile of the heterosexual white man. “We need diversity in every sense, including race, to make decisions that become more equitable.”

At the TJ-MA (Maranhão Court of Justice), judge Angela Maria Moraes Salazar, 64, also faced this scenario when she joined the judiciary in the 1980s, after acting as a police chief and prosecutor.

“It was challenging, because there was no black judge as a reference. There were white ones, but not black ones. To this day, I carry this challenge, because I’m the only judge as a black judge and the responsibility increases much more”, she says.

Angela ended her ten-month term as president of TRE-MA (Regional Electoral Court) this month. She says that at the head of the court she implemented an institutional policy to face political violence against women and fictitious candidacies. Now, she intends to apply for a vacancy at the STJ (Superior Court of Justice).

The president of the TJ-RS (Rio Grande do Sul Court of Justice), Iris Helena Medeiros Nogueira, 65, before taking office, did not participate in groups defending the rights of women or blacks, but when she became the the first black woman to preside over the Rio Grande do Sul Court of Justice in its 148 years of existence, the racial issue came to the fore.

“This is due to the struggle of many women. So that I can enjoy it today, I recognize that it is thanks to the struggle of black women and women in general, who established my space”, she says.

Gabriela Rodrigues, a judge in São Paulo, became a magistrate in 2018, after a long process. She was contemplated by the quota policy in the first phase of the contest, but in the following ones she faced obstacles to prove her legal experience. She needed to call a lawyer and took the oral test on the penultimate day.

In an interview with Sheet, Fabiana Severi, professor at the Faculty of Law of Ribeirão Preto at USP, stated that this rise of women in the career is hampered by masculinized rules. In the case of black female judges, institutional racism is added.

“It is not possible to combat hunger, violence against women and think about the country’s strategic issues without reinforcing the anti-discrimination right. This involves increasing the parity of black people in the circle of power”, she says.

Raíza claims that the fact that the STF (Federal Supreme Court) has never had a black minister illustrates a series of difficulties imposed on these women, including non-recognition.

“Society makes these women invisible and they need to be extraordinary to access these spaces, while white people can be average”, he says.

For the judge Maria Ivatônia Barbosa dos Santos, from the TJDFT (Court of Justice of the Federal District and Territories), the STF has not yet had a black minister due to lack of goodwill on the part of those who indicate it, because black women have competence and capacity.

“This is the moment that apparently has everything to have a nomination for a black woman”, she says, because of the commissions’ initiatives and the discussions about racial equity in the Judiciary in recent years.

According to the judge, this indication is past time. “If they don’t understand that this is the moment, it’s a shame for the country”, she concludes.

Judge Iris Helena considers that it is only a matter of time to have a black woman in the role. “We are occupying the spaces and that our black jurists qualify for these vacancies. Let’s live this experience”, she says.

Thanks to years of work by the black movement and black women, Raíza says it is more difficult to ignore the lack of representation in these spaces.

“White people need to take responsibility for this. The issue of diversity is often treated in a shallow way, without touching on what needs to be changed.”