What are the limits for the use of competitive civil-service examinations as a device for affirmative actions?

Abstract

This paper is intended to set limits for the use of competitive civil-service examinations as affirmative actions. The proposal assumes the analysis of admissibility of such procedure. Competitive examinations are not intended to merely select the best candidate. They may constitute a means to foster, by reserving a certain number of vacancies, the access to civil service and official positions by individuals belonging to minority groups, for purposes of reducing inequalities between such categories and the others. There are legal limits to such procedure: the inequality between the candidates, inherent to reserved vacancies, must be consistent with constitutional principles and provisions; vacancies reserved must not represent an exemption from due compliance with the requirements for the function; the number of vacancies reserved must be proportional.