A necessidade de aplicação do sistema de cotas raciais nos concursos públicos à luz do princípio da igualdade

Abstract

The aim of this paper is to analyze affirmative action, with an emphasis on the application of the racial quota system in public exams, from the historical and legal perspective of the principle of equality. It seeks to substantiate the need and the constitutional requirement to implement racial quotas in public tenders, in order to guarantee effective equal treatment, as precepted by the Constitution when treating unequals unequally. To do this, it is essential to contextualize the history of slavery in Brazil and its implications for structural racism, correlating these marks with an analysis of the principle of equality, public tenders and administrative efficiency. The paper also discusses affirmative action, its concept and the role of the state, ending with an analysis of the decisions of the Federal Supreme Court, such as Fundamental Precept Claim No. 186 and Declaratory Action of Constitutionality No. 41, which validated, respectively, the policy of racial quotas at the University of Brasilia (UnB) and Law No. 12.990/2014, which reserved 20% of vacancies in public tenders for blacks