“Quota is not alms”:

a study on the affirmative actions aimed at people with higher education and its no principle of sealing the amparo throwback

Abstract

Dueto the history of exclusion through which the person with disabilities has passed through, the problem of the present research is based on the social representations attributed to the times, especially regarding their civil and social incapacity; it will be based on the approach to the protection of the right to education of the people with the decision as a way of reversing these social stigmata. For this, initially, it starts from the analysis of the formation of affirmative policies, externalizing its importance, to the light of the guarantee of material equality; the right to difference and the observance of the particularities of each individual, statingthat it is only through tolerance and respectand recognition of difference that a just and egalitarian society can be conquered. Having said this, the policies that allow access to education of these people will be analyzed, and after the promulgation of the Statute of Persons with Disabilities, the reserve of places in higher education began to cover such a social group, thus ensuring equality and inclusion in this education. Subsequently, under the analysis of the right to citizen ship, endorsed as a fundamental guarantee for the inclusion and visibility of persons with disabilities in Brazil, it will be demonstrated, through the deductive method, that part of general premises that deal with the need for social inclusion of people with disabilities, either through affirmative action or other social policies, with the purpose of arrivingat the specific premises that will demonstrate the stability of the Brazilian legal system, which uses principles such as the prohibition of social retrogression to stabilize the rights guaranteed to minorities and vulnerable groups, preventing their violation or reducing their legal protection.