Ações afirmativas e o ordenamento jurídico constitucional brasileiro

Abstract

The present work has as target to demonstrate that the affirmative actions are characterized as an important instrument of concretion of the constitutional principle of the equality. For in such a way, the analysis brings a historical study concerning the conception of equality, showing the legal and historical bases that had justified the adoption of these measures, lingering itself, finally, in the affirmative actions inside of the Brazilian Legal System. It is looked to present the objectives and modalities of positive discriminations, to demonstrate the forms that these mechanisms had been received by the Brazilian Constitution, to give examples of measured adopted in Brazil and its doctrinal and jurisprudential repercussions, to approach applicable criterions and limits to the affirmative actions, evidencing that the equality cannot be understood for a purely formal optics. Finally, it is concluded to be essential that the State leaves its position of apparent neutrality, whose insufficience already was proved, and pass to promote, through the implementation of mechanisms of affirmative actions, the substantial equality, reducing the existing inequalities and discriminations in the society.