Ações afirmativas: um estudo sobre a aplicação da ADC 41 no Brasil

Abstract

The aim of this work is to analyze the applicability of affirmative action in Brazil, taking a look at the current workforce in public administration. Analysing ADC 41 and its importance for the inclusion of black and brown people in public administration, the validation of affirmative action as one of the main ways to combat structural racism and the applicability of this public policy to redress historical inequalities and promote equal opportunities. The 1988 Federal Constitution, a legal milestone in the democratic transition and the institutionalization of human rights in Brazil, establishes important provisions that reflect the search for material equality. As a fundamental principle, one of Brazil's objectives is to build a free, just and solidary society, by reducing social inequalities and promoting the good of all, without any form of discrimination (art. 3, I, III and IV of the CRFB/88). Affirmative action, in the light of the principle of equality (art.5, caput, of the CRFB/88), is the main tool for combating inequality. It is a compensatory way of redressing historical discrimination and ensuring that all citizens have access to the same employment, health and education opportunities