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...
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2016 |
| Country: | Brasil |
| Institution: | Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) |
| Repository: | Revista Brasileira de Direitos e Garantias Fundamentais |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.indexlaw.org:article/777 |
| Online Access: | http://www.indexlaw.org/index.php/garantiasfundamentais/article/view/777 |
| Access Level: | Open access |
| Keyword: | Affirmative action General law of equality Racial quotas Equal and unequal treatment Ações afirmativas Direito geral de igualdade Cotas raciais Tratamentos iguais e desiguais |
| 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. |
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