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Sumary
Affirmative action was mainly developed in north american law. Originally a part of Administrative Practice, affirmative actions were conceived just as plain interventionist meisures among the many presidencial prerogatives. However, it was the Supreme Court of Justice and its evolution that provided real objectivity and operativity to it as a viable way of achieving equity, understanding not only that “every man is equal before the law” as established in the constitution, but that from the moment in which the 14 Ammendment was incorporated to de constitution, “no State shall... Deny to any person within its jurisdiction the equal protection of the laws”. Yet, although significant effort has been made, the scarce regulation of affirmative action and the imprecisions in conceptualization have resulted in a mere partial success that mildly reflects the actual possibilities of this protective instrument. |
