This paper deals with the issue of Affirmative Action policies, specifically their applicability, through the system of racial quotas used by higher education institutions in Brazil and the United States of America to guarantee rights denied to vulnerable groups accumulated throughout history. It emphasizes the appreciation of the principle of equality from the point of view of materiality, as enshrined in the 1988 Political Charter. It analyzes the decisions handed down by the Supreme Courts of those countries, focusing on the most recent decisions, such as the STUDENTS FOR FAIR ADMISSIONS, INC. V. PRESIDENT AND FELLOWS OF HAVARD COLLEGE. This work, therefore, allows us to understand the importance of adopting these special measures as an instrument capable of minimizing historical inequalities and building a society founded on the dignity of the human person, more just for all.