Article 03: BRIEF ANALYSIS OF THE PRINCIPLE OF ISONOMY

• Autor(a) principal: Oliveira, Esp. Maria Christina Barreiros D
• Data de Publicação: 2010
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: http://periodicos.processus.com.br/index.php/egjf/article/view/13
• topic: Democratic State; ISONOMIA; Constitutions; ISONOMIA; Estado Democrático; Constituições

The principle of isonomy or also called the principle of equality is the pillar of support of any Democratic State of Law. The sense of equality in modern society strives forthose who have not yet achieved the viability and implementation of their more basic and fundamental rights so that they not only have the right to live, but that they may also have a life of dignity. This principle dates back to the earliest civilizations and has always been in the most diverse meanings of justice even different interpretations, some more comprehensive others not so much, throughout the story. How does the application of a principle depend on the interpretation in various historical moments the principle of isonomy that it has with prohibition of disproportionate privileges and distinctions, ended up bumping into the interest of the wealthier classes that left him sided interpretation of what it really ought to be applied. Faced with this almost all the Constitutions even modern only recognize the principle of equality under its formal aspect in a equality with the dry and cool text of the law, forgetting that the principle will only acquire real applicability when it is also given a material equalitybased on real and solid instruments for the implementation of the rights conferred norms established in legal systems. The importance of material equality stems from the fact that it alone enables that everyone has similar interests in maintaining public power and the equally legitimate.