Affirmative action’s constitute one of the themes that has generated deep debates in recent stages, mainly due to the conflicts that arise from the fact that their adoption is carried out without taking into account the characteristics and features that have been linked to this type of measures. The State, as the maximum guarantor of collective well-being, must justify before society the implementation of affirmative measures or actions as a necessary mechanism to balance the inequality caused by certain groups in a situation of disadvantage or marginality. The objective of this study was to evaluate the theoretical and legal conceptions about affirmative actions in Latin America, as well as the criticisms that have been formulated against it. To achieve the results, a legal research methodology was used, focused on theoretical methods, such as exegetical, and doctrinal legal linked to analysis, synthesis, induction and deduction. The conclusions establish the duty and responsibility of the State with the promotion and implementation of affirmative measures in a coherent, justified and temporary manner, as well as the need for awareness and participation that citizens must achieve based on the understanding of the importance that has equal rights to less favored people.