O princípio da igualdade e a constitucionalidade das ações afirmativas e da política nacional de cotas.

Abstract

This study aims to provide an analysis on affirmative action and quota systems in Brazil and its constitutionality. The quota policy is usually debated in Brazil from its acceptance or rejection. It is important to understand it, however, in its various factors, especially their legal and social aspects as well as on its legal foundation. The purpose of this paper is to point out the affirmative action, and therefore the policy of quotas as a means of promoting equal socially or economically isolated groups and analyze the legitimacy and justice of such action. To this end we made a preliminary study about the term principle and the principle of equality itself, for soon after we address the constitutionality or otherwise of these policies, and finally a brief study of the two models of quotas that has attracted more attention not only the legal community, but society as a whole, and quotas for black students graduating from public schools in public universities. With regard to the principles of equality and the principle point to a superiority of these, as well as an interpretation in its material sense. Finally we conclude the constitutionality of affirmative action and quota policies, however, should not be applied in a random manner, it should be noted in your application legal and constitutional values protected by our legal system. Still aim for a quota policy that brings together economic, social and racial backgrounds. Finally, although these policies are important to stimulate the entry of certain groups, previously excluded, certain segments of society, the promotion of true equality, we note that such measures should not be the only and does not preclude the adoption of others.