QUOTAS FROM THE PERSPECTIVE OF EQUALITY, EQUITY AND JURIDICAL PLURALISM

Abstract

This work aims to conceptualize formal equality and substantial (material) equality as the guiding principles for the formulation of affirmative action policies -- Quota Law (n. 12.711/2012). It differentiates between two types of equalities: formal and substantial, taking into account that the differences serve to the understanding of Quota Law's matter, allowing to assert that substantial equality is the one that best assures equity, the strengthening of human rights and the admission of a population historically excluded from public higher education in Brazil. In what concerns affirmative action, its political disposition and temporary character expose the foundations of Compensatory and Distributive Theories and the Principles of Legal Pluralism and Human Dignity. Accordingly, from an interdisciplinary perspective, the text points that today's quotas, despite a series of criticisms and oppositions, have mainly allowed the admission of black and indigenous students in federal institutions of higher education.