A constitucionalidade das cotas raciais para o ingresso no ensino superior público à luz da subjetividade do indivíduo de cor

Abstract

The reservation of places for admission of individuals of color in brazilian public higher education is materialization of the constitutional principle of equality. There is a historical debt with afrodescendants and it has as the main characteristics the misery of the population of color and the perpetuation of the culture of racial discrimination. The racial prejudice that the brazilian has is dissimilar from that demonstrated by the american, the ours is the "of brand", veiled. It is from the analysis of the type of racial discrimination practiced by the Brazilian, as well as its consequences, which shows the need and, consequently, the constitutionality of racial quotas for admission to public higher education. Should the State differentiate between students from public schools, whites and blacks, because they have their self-esteem affected from the infantile stage, being driven daily to the society margin's. Those, on the other hand, even if they face the challenges of economic marginalization, will never be repelled from the university environment only by the racial factor. Thus, the economic element is not the only one that should be considered for the promotion of an isonomy competition, remains the subjectivity of the individual of color as a substantial issue for the effectiveness of the constitutionality of racial quotas for access to Brazilian universities.