Legitimidade das políticas públicas de ação afirmativa: a questão jurídica do negro no Brasil

Abstract

The need, or not, of implementing affirmative action policies directed towards social and economical inclusion of socially excluded groups in the Brazilian society, among which the afro-descendents stand out, has been widely discussed. However, the debate over this implementation, or not, of affirmative policies has gathered much more attention from thinkers connected to the sociology and history areas than from thinkers connected to the juridical branch, and that is why the juridical argumentation derived from these discussions has proved exceedingly in lack of more serious and deep intellectual formulation. There has been some exceptions, that is true, but as a rule the current academic reality, preponderantly technical, tends to relegate the best studies on this theme to a second plan, in which the conclusions obtained, as well as the eventual proposals presented, end up being put aside, without even being examined by the government. The present essay has as its objective to add up to the theme debate, focusing, in a first moment, on the facts pertaining the historiography of the negroes and their descendents, and in a second moment, on the sociological studies pertaining the integration of this social group to the other preponderant groups of society, to culminate with a debate over the affirmative actions application, this debate being supposedly supported by the pre-juridical elements that would legitimate its implementation.