The construction of anti-discrimination law in Brazil

In Brazil, anti-discrimination law has evolved under the 1988 Constitution creating positive obligations for the state to benefit historically discriminated groups. This article discusses the characteristics of this substantive and asymmetrical approach to anti-discrimination law, especially regarding the adoption of affirmative action policies against racial discrimination. After studying the constitutional and legal provisions that create positive obligations for the state to combat discrimination and reduce inequalities based on protected characteristics, the article develops a case study on the implementation of racial quotas in higher education, public service, and elections, focusing on the role played by the Federal Supreme Court in sustaining and expanding these affirmative action policies. Finally, the article provides empirical data on the effectiveness of these racial quotas and explores three factors that help to explain their different impact: the level of political agreement regarding each policy, the operation of monitoring mechanisms, and the characteristics of the benefited group.