Função contramajoritária dos direitos fundamentais: uma análise da atuação do Supremo Tribunal Federal à luz da ADPF 186

Abstract

The current research starts from the importance of the fundamental rights for the Democratic Law State and how they act within the protection of the social minorities while maintaining the principle of the human being dignity. Then, the research presents an analysis about the acting of the Supremo Tribunal Federal based on the Arguição de Descumprimento de Preceito Fundamental (ADPF) nº 186, which is about public politics of superior education access for black people, commonly called raciais quotas, and verify if the court acted in a countermajoritarian way while judging the case in question. Therefore, the deductive method is used, after an observation of the doctrinal concepts to get to the conclusions about the fundamental rights application, through the ADPF 186 for the effectiveness surrounding the human person dignity.