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- Title
História e memória nacional no discurso jurídico: o julgamento da ADPF 186.
- Authors
Duarte, Evandro Piza; Scotti, Guilherme
- Abstract
The article briefly discusses the arguments of the debate on quotas for blacks in higher education, subject of intense debate in the last decade and of the decision of the Brazilian Supreme Court in the Ação de Descumprimento de Preceitos Fundamentais n. 186. Examines how the judicial decision that declared the constitutionality of the ethnic and racial inclusion plan, established by the University of Brasilia, resorted to arguments about Brazilian history and national identity. Examines how equality and difference have been articulated to the narrative about the past social and legal institutions, and how the decision sought to review the assumptions of a homogenized national identity whose paradigm was built mainly in the 1930s. The decision can be identified as a new moment of the identitarian rhetoric by accepting the existence of areas of conflict in the national community that are expressed not only in demands for an equitable distribution of public resources for education, but also by the appreciation of difference, whose core is largely linked to the dispute over the construction of collective memory. The decision promotes a debate on how legal institutions reshape national identities in order to enforce the protection of basic rights.
- Subjects
BRAZIL; EDUCATION of Black people; BRAZIL. Supremo Tribunal de Justica; UNIVERSIDADE de Brasilia; SOCIAL integration; JUDICIAL process; NATIONALISM; LEGAL judgments
- Publication
Universitas Jus, 2013, Vol 24, Issue 3, p33
- ISSN
1519-9045
- Publication type
Article
- DOI
10.5102/unijus.v24i3.2611