A justiça e as cores : a possibilidade de adequação constitucional de ações afirmativas voltadas para negros e indígenas no ensino superior

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This dissertation advocates that public policies of affirmative action in favor of ethnic minorities are constitutional. However, the defense of this thesis does not recur to the argument that the affirmative actions represent reparations for past discriminations, but instead measures to broaden the public sphere, in order to allow the participation of individuals that belong to discriminated racial groups. In the first chapter it is examined if the brazilian present historical context may justify the need of public policies against racism. Starting from the concept of law paradigm as enunciated by Habermas, it is described the traditional conception of a racial democracy as the brazilian discourse in the implantation of the Wellfare State. The approval of racial blending and the ideology of the non existence of races that succeeded the public policies of whitening that took course at the early XXth Century are interpreted as discourses of affirmation of an organic and non criticized national identity that demanded the suppression of the social conflicts and contradictions by means of mediations put in place by a central governing State. In the second chapter it is examined if the access to a public university is a personal right to anyone or if this access is to be allocated according to justified public policies. At last, returning to the concept of a law paradigm, and based on the passage from a philosophy of the conscience toward a philosophy of the language, it is sustained in the third chapter the need of a contextualized interpretation of the equal protection constitutional clause, fount through the continuous tension between the formal equality and the material equality that should, in each new case of conflict and discrimination, guide the application of a legal norm in such way that none of those ideological comprehensions of equality overlures the other completely. The legitimacy of protective public policies is searched not in a abstract concept of equality or in the preference for certain values, but rather in the struggle for recognition of the minorities themselves against the racial contempt that they might be submitted to, witch demands the constant reassessment of the context in order to avoid the transformation of the affirmative actions into mere concessions or favors from the State.

ASSUNTO(S)

teoria discursiva do direito ações afirmativas direito racismo

ACESSO AO ARTIGO

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