Education and affirmative action as procedure and participation rights

• Autor(a) principal: Iensue, Geziela
• Data de Publicação: 2015
• Outros Autores: Coimbra de Carvalho, Luciani
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Brasileira (Online)
• Texto Completo: https://www.indexlaw.org/index.php/rdb/article/view/2884
• topic: affirmative action, right to education, meritocracy, human development.

This article aims to examine affirmative action in the form of quota policies for access to higher education by Afro-descendants in light of the right to participation and the procedure. To this end, seek to question the fundamental right to education, demonstrating with its purposes as well as its peculiar and multifaceted character, from the analysis of its dimensions, especially its social dimension, with respect to the objective and subjective aspects, aiming to clarify its legally required content. In addition, it seeks to emphasize that the fundamental right to education by integrating the various dimensions of fundamental rights, is focused on the satisfaction and human development in its broadest sense, rather than conceive of it only as a production process human capital, as merely supporting various economic and utilitarian conceptions. Based on this understanding of education as a process intended for holistic human development, seeks to defend the thesis, according to which affirmative action in the form of quota policies for access to higher education by Afro-descendants are configured in correction tools and adequacy of the right to participate in selection processes and procedures of access to higher education, highlighting the possibility of relativization of republican criterion of merit (pure) in view of the realization of other fundamental rights and freedoms of minority under discussion, as well as benefits the entire body social, since, given the public nature of education par excellence, it is this instrument of political action.