O princípio da igualdade e sua implementação pelas convenções internacionais / The equality principle and its implementation for the international conventions

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The objective of this effort is extract from conventions and international treaties elements that could contribute significantly for the implementation of the equality principle. Besides all the evolution that we evidenced in this matter, related to the well known Aristotle maxim, in what is necessary to treat equally the equals and unequally the unequals to reach justice, the situation of exclusion of minorities, most of times with the leniency of the justice professionals, are still too frequent. We will analyze, first of all, the teaching of philosophy that is being used as basis to the settlement of the equality principle. Based on the troubles that can be generated by precognition of the interpreter, we will conclude that the criteria pointed by the philosophy maybe are insufficient. We will go straight to the analysis of the written equality principle, not only in the Brazilian Constitutions, but also in various treaties and international conventions. At the end we will point elements or requests to the use of the equality principle extracted from the convention and international treaties, joint them with the elements already admitted by the traditional philosophy and using them as concrete and polemic examples of different treatments, such as the prohibition of blood donation by homosexuals, the reservation of positions in pre-admittance test in colleges or universities, and others

ASSUNTO(S)

direito constitucional justica tratados igualdade discriminacao igualdade perante a lei unequals convenções internacionais equality tratamentos diferenciados international conventions ações afirmativas minorias different treatments discriminação

ACESSO AO ARTIGO

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