O Supremo Tribunal Federal e as minorias : uma análise das decisões em demandas relativas à não discriminação e realização do direito de igualdade.

Abstract

The Federal Supreme Court has gained more recognition of the Federal Constitution of 1988, and has been increasingly established, proving to be important Decisions that deal with non-discrimination and the realization of the right to equality of minorities. The principles of debt and human dignity as foundations of the Brazilian legal-constitutional order, discrimination based on origin, race, sex, religion are evident violations of these principles. Thus, the Brazilian courts have sought to deal with cases of social minorities, such as those seeking to ensure, through the judiciary, the realization of the right to equality. In the context, the following question arises: what are the indicators and instruments used by the Federal Supreme Court in the process of reviewing constitutional databases (ADIs and ADCs). of non-discrimination and realization of the rights of racial minorities and people with disabilities? Subject scenario, he explained about Human Rights, from an idea of its function as a traffic of minorities in a democratic context, evidencing a vocation of protection of the minorities of the Federal Constitution of 1988. In addition, he spoke about the Federal Supreme Court and its role as guardian of the Federal Constitution and the rights of minorities, as well as about the relationship between the Judiciary and the Legislature in the face of the principle of separation of Powers. Subsequently, the action of the Federal Supreme Court in the trial of actions in the context of a concentrated constitutionality control between the years 2016 and 2017, in the decisions regarding public policies of non-discrimination and realization of the right to equality of racial and ethnic minorities, was analyzed. of persons with disabilities, verifying whether or not the use of criteria or instruments by the Federal Supreme Court. The bibliographical and documentary techniques and the deductive method were used. Finally, the analysis of the decisions handed down in the actions of concentrated control of constitutionality, specifically ADC 41 / DF, ADI 5,357 / DF and ADI 4.439 / DF, was carried out, it was noticed that the Federal Supreme Court, in the decisions rendered in said actions, does not have criteria or instruments decisions on public policies of non-discrimination and realization of the right to equality of minorities, assessing situations in a casuistic way.