Analysis of the System of Racial Quotas in Brazil as Affirmative Action Combined with the General Right to Equality

This article aims to discuss the system of racial quotas in Brazil, considering them as unequal treatment, which aims to promote equality. In the light of the thought of Alexy, it has been proposed to analyze the General Equality Law, to then justify the reasons for the unequal state treatment. Such...

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Bibliographic Details
Main Authors: Alisson Magela Moreira Damasceno, Ana Maria de Andrade
Format: Article
Language:Portuguese
Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2016-10-01
Series:Revista Brasileira de Direitos e Garantias Fundamentais
Subjects:
Online Access:http://www.indexlaw.org/index.php/garantiasfundamentais/article/view/777
Description
Summary:This article aims to discuss the system of racial quotas in Brazil, considering them as unequal treatment, which aims to promote equality. In the light of the thought of Alexy, it has been proposed to analyze the General Equality Law, to then justify the reasons for the unequal state treatment. Such unequal treatment in such cases will be addressed from the perspective of affirmative action. These measures are promoted in order to promote social redemption of company shares historically segregated. Thus, this study proposes an analysis of the general right to equality in the construction and application of the law.
ISSN:2526-0111
2526-0111