As moral claims, the human rights are born when they must and they can be born, that is, for Piovesan ' ' the human rights are not born all of a time nor of a time for todas' ' still, ' ' the human rights are not data, but one constructed, an invention human being in constant process of construction and reconstruction fruit of our history, of our past, of our gift, based on a symbolic space of fight and action social' '. This that to say that the human rights compose our resistance, in the measure where they translate ' ' processes that open and consolidate spaces of fights for the dignity human being enhance, over all, the hope of a moral horizon, pautado for the grammar of the inclusion, reflecting the emancipatria platform of ours tempo' ' (PIOVESAN, 2005, p, 46-47). In the same direction, Boaventura de Souza Saints (2003, P. 56) affirms that the requirement of the recognition of the differences and the redistribution allows the accomplishment of the equality in differences. Still it adds: we have the right to be equal when our difference in inferioriza and have the right to be different when our equality deprives of characteristics in them. From there the necessity of an equality that recognizes the differences and of a difference that does not produce, feeds or reproduces the inaqualities.

It is in this scene that United Nations they approve, in 1965, the Convention on the Elimination of All the Forms of Racial Discrimination, ratified today for 167 States, amongst them Brazil (since 1968). Since its preamble, this Convention designates that any ' ' doctrine of superiority based on racial differences is scientifically false, condemnable, unjust and morally socially dangerous, inexisting justification for the racial discrimination, in practical theory or, place algum' '. It adds the urgency to adopt all the measures necessary to eliminate the racial discrimination in all its forms and manifestations and to prevent and to fight practical doctrines and racists (PIOVESAN, 2005, p, 46-47).