Isonomia processual e igualdade fundamental a propósito das retóricas ações afirmativas.
The rhetoric of affirmative actions as a performance of decision-makers of airy minds, sensitive to the need of accomplishment of social justice is making possible the return to the legal realism, that praises extra-systemic decisions supported by a jurisprudence of concepts or a catalogue of values...
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| Main Author: | |
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| Format: | Article |
| Language: | Portuguese |
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Universidade FUMEC, Faculdade de Ciências Humanas, Sociais e da Saúde
2006
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4046518 |
| Source: | Meritum, ISSN 2238-6939, Vol. 1, Nº. 1, 2006, pags. 7-24 |
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| Summary: |
The rhetoric of affirmative actions as a
performance of decision-makers of airy minds, sensitive to
the need of accomplishment of social justice is making possible
the return to the legal realism, that praises extra-systemic
decisions supported by a jurisprudence of concepts or a catalogue of values unfold by the saving intelligence of a
republic of scholars or men of good-will. Based on such
suppositions, the process is taken apart as a space of debate
and effectiveness of Law in the constitutionally democratic
States with the displacement of the effectiveness (execution)
of the fundamental rights to the orbit of mere pretensions to
be examined by a Judiciary-Hercules, denying, thus, the clear
legal rights already guaranteed by the constitutional legislator.
It is forged, due to theoretical deficiencies of those who work
with Law, the acceptable illegality of rights of the different
individuals in the constitutional fundamentality so as to rescue
those individuals by the actions of a social movement of
affirmative actions (organized support) to, purposing changes
of mentalities, announce itself as an exclusive warrantor, for
an �allowed discrimination� of the physically disabled, African
descendents, American Indians, gypsies, homosexuals. As
an excuse for such discerning and full of solidarity action run
by the obsolete operators of democracy, the due
constitutional process is excluded as a referential legal
institution of guarantee, execution, inspection, correction and
recognition of rights, transforming it into a mere present
instrument of a redemptive jurisdiction that proclaims itself
able, due to a special sense of justice and equity, to assure
the rights of the different individuals without being attentive
to the fact that to decide about different rights, it must carry
out, prima facie, the constitutional decisions of implementing
the fundamental rights for all, indistinctly. |
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