Resumo The present work proposes to analyse the compatibility between the policies for affirmative action for black implemented by the Brazilian State and the national and international legal order. In order to achieve this objective, this article brings a critical presentation of domestic legislation, doctrine and focuses on international instruments protecting human rights with ethnic and racial curtailment, ratified by the Brazilian State. In addition, it relied on specific facts by bringing a number of cases examined by the judiciary. The research reported here concludes that these policies are compatible with the Brazilian legal system, but sees the need for them to be expanded and refined. Keywords: public policies, constitutionality, affirmative action, elevations. Abstract this article means to give social and legal data to contribute to analysis on the compatibility of public policies towards confirmatory actions and quotas for black people as put into effect by the Brazilian State in light of national and international legal perspectives. After introduction and comment on internal legislation and international methods of protection for human and fundamental rights (with the ethnical and racial profile set by Brazilian government) the article appeals to doctrines and precedents of some cases taken to Brazilian Judiciary, reading to conclude on the compatibility of the aforementioned policies with Brazilian legal system and for the necessity of their extension and further development. Keywords: public policies; constitutionality; confirmatory action; quotas.