A constitucionalidade do sistema de cotas raciais nas universidades Brasileiras

• Autor(a) principal: Cardoso, Bruno de Souza
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33498
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO CONSTITUCIONAL

Statistics have shown that the principle of equality, formally provided in the Federal Constitution of Brazil, has not fulfilled its goal in practice, requiring a reinterpretation of its meaning, in order to be applied in its material sense. The situation of certain racial groups in our country requires attention, given the condition of inferiority that presents in comparison to the dominant groups. In particular, requires special attention the condition of black people. Aiming to give to underprivileged racial groups the same opportunities and conditions that other groups have, it is necessary to adopt a proactive stance by the State, which occurs through adoption of affirmative action. The adoption of these affirmative action in Brazil necessarily involves change in the criteria for student access to universities, that are notoriously segregational. Based on these premises, this paper will seek to defend the legitimacy of the legislative measures that have been taken by the State in this respect, as well as the recent position taken by the Supreme Court on this issue, both towards the implementation of the constitutional principle of equality in its material sense, in order to reduce the differences between the various racial groups that make up our people