A GENEALOGIA DA IGUALDADE JURÍDICA NA DOGMÁTICA BRASILEIRA

Abstract

Equality is an indispensable assumption for so-called democratic societies and a principle that informs the understanding of the human person. It is what gives dignity to man, insofar as equality guarantees, or should guarantee, a homogeneous status for all individuals, without distinction. Therefore, as a measure of different theories of justice, within the framework of the construction of the idea of an individual erected by the Democratic States of Law, equality is an important reference to evaluate the legal and political system of societies. This paper aims to develop a genealogy of Brazilian understanding of legal equality throughout the republican period, formulating a sociological critique. To this end, we will cover the works of eight famous authors who discuss the theme in national dogmatics, identifying generations of thought and the coherence, internal and external, of these thoughts with the Brazilian experience on the theme.