Affirmative Action in Higher Education: Comparative Judicial Approaches of the Supreme Courts of Brazil and the United States

• In Event: Governance in Action: Comparative Studies of Bureaucracy and Policy

Abstract

This article examines Affirmative Action policies, focusing on their implementation through racial quotas in higher education institutions in Brazil and the United States of America. The study addresses how these measures aim to guarantee rights denied to vulnerable groups due to historically accumulated inequalities. It emphasizes the value of the principle of equality from the substantive equality perspective, as enshrined in the 1988 Brazilian Federal Constitution. The article analyzes the rulings of the Supreme Courts of both countries, with particular attention to recent decisions such as Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The paper seeks to demonstrate the importance of adopting such special measures as tools capable of minimizing historical inequalities and fostering a more just society for all, grounded in the dignity of the human person.

Authors

• GLAUCO FONTELES OLIVEIRA E SILVA, Brazilian Institute of Education, Development and Research - IDP

• MATHEUS BELTRAO OLIVEIRA E SILVA, University of Amazon