Ações afirmativas, a efetivação do princípio da igualdade e o julgamento da ADPF n° 186/DF: sistematização, apontamentos e reflexões

Abstract

The purpose of this study is to analyze the decision of the Supremo Tribunal Federal in ADPF judgment number 186/DF, which considered constitutional Affirmative Actions based on racial criteria for admission to public institutions of higher education, systematizing the arguments brought by the Rapporteur of the action, Minister Ricardo Lewandowski, such as the compatibility of measures with constitutional principles (equality and solidarity), effectiveness of material equality, compensatory and distributive justice, promotion of pluralism of ideas, proportionality, social inclusion, etc., and organizing them into three major criteria of public justification in which all affirmative action policies must be submitted to be considered constitutional.