A política afirmativa na educação superior : contributos e dilemas do sistema de cotas da Lei n° 12.711/2012

Abstract

The equal distribution of properties and rights is like a necessary conditition to reach the entire democracy which is supposed to fulfill the fundamental rights, natural of a human being treatment with dignity. In such context, the demand for democratization of the public higher education access is growing in the society, in which the social mobility and the entire self development are dependent on equal education fruition. The affirmative public policies develop a crucial role in order to promote the materialization of such right as they are expected to break discrimination and social inequality so as to guarantee the presence of the banned minority in some places. In that way, the Law 12.711/2012 brings a State answer to a social conflict of exclusion, creating an affirmative action which determines place reserve for students from public secondary school within two revenue levels and also with black people as well as indigenous. The affirmative public policy created by the mentioned law which uses the Ball policies cicle (BALL, 1994 apud MAINARDES, 2006) was analised. All kinds of quotas stablished by the referred norm were studied in theory to find out if they could be considered a measure of material equality promotion and to verify it's compatibility with the constitutional goals that authorizes differential measures, regarding the proportionality or reasonableness principle. The kind of quota which creates access to people who don't declare themselves black or indigenous and that don't need to demonstrate revenue according to the law is the aim of this paper, once that kind of quota doesn't require economic or ethnic-racial vulnerability. Besides that, a study case of Uberlândia Federal University-UFU was developed in order to reveal the quote students' profile so that the adoption of internal policies which maximize the affirmative actions effects could be adopted as well as a research in the Law Course that aims to identify the quote students'general profile and in a special way, identify those who were enrolled by the quotes which don't require ethnic-racial or revenue limits due to the proportionality principle.