Revista Brasileira de Direitos e Garantias Fundamentais (Oct 2016)
Fundamental Right to Equality and the Principle of Solidarity as Constitutional Basis for Affirmative Actions
Abstract
This paper will investigate the constitutional basis for affirmative action and quotas in a democratic state. It will be examined two possible reasons: the fundamental right to equality and the constitutional principle of solidarity. Established these assumptions, it will faced the discussion about affirmative action, specifically the reserves of quotas, seeking to elucidate arguments for and against commonly given to these actions, as in the light of the grounds set forth in the first part of the study. The methodology used is the hermeneutic phenomenology approach method, the monographic procedure method and the indirect documentation search technique.
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