A constitucionalidade das cotas nas universidades como um paradigma no combate à desigualdade racial no Brasil

Abstract

The present masters dissertation investigates the racial-ethnic quota system existent to join the Brazilian public universities, from the judgment study, by the Supreme Court, of the Fundamental Precept of the Noncompliance Argumentation number 186, which recognized the constitutionality of this affirmative action as an instrument of mitigation of the conditions inequality between white and black people in relation to the access to the public higher education. Accordingly, this study aims to clarify how this action became a juridical mark on the combat to the racial inequality, establishing a deep paradigm change in the application of the combat to the racism politics and in the search of the material equality among different groups of the Brazilian society.Thereunto, a bibliographic research was performed about how the racism was developed in Brazil, which politics were elaborated to combat it, and which were the focalized measures utilized as elimination instrument of the racial inequalities. Theoretical foundations about the theme were also studied, so, in this study I could use concepts of inequality and exclusion, equality and difference, by Boaventura Santos; justice with equity, principles of liberty, equality, equitable, equitable equality of opportunities, anddifference, by John Rawls, beyond the analysis about justice of the affirmative actions developed by Ronald Dworkin and by Michael Sandel. Furthermore, a documental research was accomplished, which had assource the initial petition, the contestation and the votes of the Supreme Court ministers disclosed at the website of the Court. Finally, the work present the foundations utilized to the impugnation of the affirmative measure, the foundations in its defense, and the foundations of the judged, which reached the conclusion that the affirmative actions sensible to the race are in consonance with the constitutional principles that conduct the matter, as well as with the equality principle provided in the 5th article, caput, of the Federal Constitution, promoting the material equality between white and black people in Brazil