Abstract

PIZA DUARTE, Evandro  and  SCOTTI, Guilherme. History and National Memory in the Legal Discourse - The Judgment of ADPF 186. Cuest. Const. [online]. 2019, n.41, pp.343-367.  Epub Apr 22, 2020. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2019.41.13950.

This article seeks to synthetically discuss the arguments of the debate on the system of quotas for blacks in university education, object of an intense debate in the last decade and of the decision of the Brazilian Supreme Court in the Action of Non-compliance with Fundamental Precept (ADPF) n. 186. It examines how the judicial decision, in declaring the constitutionality of the Plan of Ethnic-Racial Inclusion Goals instituted by the University of Brasilia, resorted to arguments on Brazilian history and national identity. It examines how equality and difference were articulated to the narrative about the past of legal and social institutions, and how the decision sought to revise the presuppositions of a homogenized national identity whose paradigm was constructed in the 1930s, especially. The decision can be identified as a new moment of identity rhetoric to accept the existence of spaces of conflict in the national community that are expressed not only in demands for an equitable distribution of public resources destined for education, but also for the construction of collective memory. The decision proposes the debate on the way in which legal institutions resize national identities, taking into account demands for the protection of fundamental rights.

Keywords : History; Fundamental rights; Pluralism; Racism; Racial Quotas.

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