O princípio constitucional da isonomia e as ações afirmativas: aplicação da Lei 12.711/2012 (Lei de Cotas) na Universidade Federal do Rio Grande do Norte - Curso de Direito CERES/Caicó

Abstract

The objective of this article is to analyze the application of Law 12.711 / 2012 (Law of Quotations), within the framework of the Federal University of Rio Grande do Norte (UFRN), in the period of 2013/2016, a period of four (4) years established for institutions referred to in art. 1 of this Law, to fulfill each year with at least 25% (twenty-five per cent) of the reserve of vacancies provided for quotaholders, until reaching 100% in 2016. Prior to the approval of Law 12.711 / 2012, UFRN already used affirmative action arguments such as "public school" and "regional inclusion". Affirmative actions are public or private policies that, through differential legal treatment and on a temporary basis, seek to correct inequalities arising from discrimination and to concretize the constitutional principle of material equality. Law No. 12.711 / 2012 provides for reservation of vacancies to the following groups: L1 - public school egress, gross per capita family income equal to or less than 1.5 minimum wage; L2 - public school egress, gross per capita family income equal to or less than 1.5 minimum wage, self-declared black, brown or indigenous; L3 - public school egress; L4 - public school egress, self-declared black, brown and indigenous. The Law Course / UFRN-Ceres, campus of Caicó, had in that period filled the 25 vacancies destined for the quotas, as follows: year of 2013, 4 vacancies (L2 = 2, L4 = 2); year of 2014, 12 vacancies (L1 = 2, L2 = 4, L3 = 2, L4 = 4); year 2015: 25 vacancies (L1 = 5, L2 = 8, L3 = 5, L4 = 7); year 2016: 25 vacancies (L1 = 5, L2 = 8, L3 = 5, L4 = 7). The criterion "person with disabilities", added by Law 13,409 / 2016, will be applied from 2018. Through hypothetical-deductive research, it is sought to clarify the application of Law 12.711 / 2012 in UFRN, specifically in the Law Course of CERES / Caicó. In short, the target established in the Quota Law was fulfilled by UFRN before the deadline - by 2015 the UFRN had already filled al the vacancies reserved for the quota holders. As for the Law-Ceres / UFRN Course, 2017.2 registers a total of 220 students, of which 91 are quota holders.