Ação afirmativa nos Estados Unidos: Breve síntese da jurisprudência e da pesquisa social científica

Abstract

This paper, seeks to briefly acquaint readers unfamiliar with affirmative action in the United States with its historical background and current legal status, and in a more extended way on the empirical social science addressing issues related to affirmative action. It specifically addresses and shows the flaws in and/ or limitations of research that supports the educational mismatch hypothesis, the empirical case for "science mismatch," and the claim that class-based affirmative action would be as or almost as effective in promoting racial diversity as race- -based affirmative action. Work by Richard Sander, Richard Kahlenberg, Doug Williams and Peter Arcidiacono is specifically addressed. The article also argues that the Bakke case, which first put the Supreme Court's imprimatur on affirmative action, distorted the jurisprudence of educational affirmative action and conversations about it in ways that have had lasting, unfortunate effects.