The author analyzes the policy of affirmative actions in the Brazilian legal system (particularly the quotas reserved for Afro-descendants to be admitted to University). Even if the Constitution of 1988 doesn’t include an express mention to the so-called Ações Afirmativas, they must be considered in line with the Constitution: the reference to right-principle to equality (interpreted in the light of the democratic and inclusive process that has characterized the works of the Constituent Assembly in the two years 1987-88) and the individuation of specific categories of “weak subjects” constitute sufficient elements to acknowledge the constitutional legitimacy. Besides, even if a definite judicial address of the Supremo Tribunal Federal on the matter still lacks, some significant signals depose in favour of the constitutionality of the affirmative actions. [...]
Brevi riflessioni in tema di Ações Afirmativas nell’ordinamento costituzionale brasiliano,
CIAMMARICONI, ANNA
2008-01-01
Abstract
The author analyzes the policy of affirmative actions in the Brazilian legal system (particularly the quotas reserved for Afro-descendants to be admitted to University). Even if the Constitution of 1988 doesn’t include an express mention to the so-called Ações Afirmativas, they must be considered in line with the Constitution: the reference to right-principle to equality (interpreted in the light of the democratic and inclusive process that has characterized the works of the Constituent Assembly in the two years 1987-88) and the individuation of specific categories of “weak subjects” constitute sufficient elements to acknowledge the constitutional legitimacy. Besides, even if a definite judicial address of the Supremo Tribunal Federal on the matter still lacks, some significant signals depose in favour of the constitutionality of the affirmative actions. [...]I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
