Justiça equitativa em John Rauls - uma teoria aplicada as ações afirmativas

Abstract

This dissertation aims to explain the philosophical foundation of public policies that promote equal opportunities, using the example of affirmative action on social assistance in Brazil, based on the concept of equitable justice present in the works Theory of justice and Justice as equity by John Rawls. The way in which the concept of justice is constructed, through the original position and principles of justice, results in how society must decide for the basic freedoms, primary goods and state actions stemming from the social pact. Therefore, this analysis was developed in stages. First, I present an exposition of the theory of justice and its principles in the original situation, where, under the conditions of the veil of ignorance, society would form a consensus, proposed by Rawls in A Theory of Justice. Second, I present that Rawls' theory admits of inevitable facts: pluralism, the natural lottery, and inequalities, meanwhile proposes that institutions have an active role of constructive participation in a well-ordered society with the application of principles such as difference (favoring the disadvantaged as much as possible), equal opportunities, and also provides a justification for a conception of social justice, with the construction of the concept of equity and emphasis on the political foundation of a cooperative society. Third, I emphasize a political application of the theory of equitable justice as an justification in favor of action of the State by its institutions through affirmative actions. In chapter four, propose practical examples of affirmative policies applied to social security of Brazil, a country with serious social inequalities, could be found basis in Rawlsian theory. Finally, in conclusion, I verify the application of equitable justice advocated by John Rawls is partially realized through affirmative actions implemented in the Brazilian context.