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16 - Affirmative Action: Brazil

from V - Rights

Published online by Cambridge University Press:  17 February 2022

David S. Law
Affiliation:
University of Virginia
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Summary

Measures that address racial and ethnic inequalities have been an important subject of legal and political discussion in many countries over the last decades. The legal questions include the meanings and purposes of equality, adequate methods of legal interpretation, and the possible role of constitutional courts in promoting social transformation. Participants in this debate also raise issues such as the role of the state in a democracy, the changing nature of racism, the social meanings of race and its correlation with national identity. This broad range of questions reveals the immense relevance of this topic for comparative analysis. An adequate understanding of this complex subject requires an examination of how law and race interact in different jurisdictions to produce and legitimate particular social arrangements. This is the case of Brazil, a country that implemented large scale affirmative action policies in the last fifteen years, a process that generated an intense debate about the social importance of race in a country that has historically represented itself as a racial democracy.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2022

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References

Primary Sources

Aleinikoff, T. Alexander, ‘A Case for Race Consciousness’ (1991) 91 Columbia Law Review 1060.Google Scholar
Brooks, Roy L., ‘The Affirmative Action Issue: Law, Policy, and Morality’ (1989) 22 Connecticut Law Review 323.Google Scholar
Hernandez, Tanya Katerí, ‘“Multiracial” Discourse: Racial Classifications in an Era of Color-Blind Jurisprudence’ (1998) 57 Maryland Law Review 97.Google Scholar
Kennedy, Randall, For Discrimination: Race, Affirmative Action, and the Law (Pantheon, 2013).Google Scholar

Secondary Sources

De Castro, Matheus Felipe and Mezzaroba, Orides, ‘History of Brazilian Constitutional Law: 1824’s Constitution of the Empire of Brasil and the Private Slavery System’ (2018) 39(78) Seqüência 11–36, doi:10.5007/2177-7055.2018v39n78p11.Google Scholar
Peluso Neder Meyer, Emilio, ‘Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character’ (2018) 19 German Law Journal 727.Google Scholar
Silva, Virgílio Afonso, The Constitution of Brazil: A Contextual Analysis (Hart, 2019).Google Scholar

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