The juridical sense of the equality principle

the Portuguese-Brazilian perspective

Authors

DOI:

https://doi.org/10.5281/zenodo.11992271

Keywords:

Equality Principle in the formal sense, Equality Principle in the materialsense, Equal Opportunity Principle, Portuguese Republic Constitution, Constitution ofthe Federate Republic of Brazil, Portuguese Labor Code, Brazilian Labor LawsConsolidation, social exclusion policies, “minimum income assurance” policy, Zero-Hunger Program

Abstract

The aim of this article is the analysis and the interpretation of the legalPrinciple of Equality either as a general formula or as a principle meant to contribute to the application of law and the resolution of concrete cases. In order to achieve this, besides considering both the concept and the historical evolution of the Principle of Equality, we analyze two of its particular specifications both in Portuguese LaborCode, the Labor Law Consolidation (Brazilian) and the Brazilian and PortugueseConstitutions. Two of the most important policies of social exclusion in both countries – the Portuguese “guaranteed minimum income” and the Brazilian “Zero Hunger” program are addressed. Both approaches consider the pursuit of the Principle of Equality as an equality of opportunities.

Author Biography

  • Guilherme Machado Dray, University of Lisbon

    Lawyer. Master in Law. Professor at the Faculty of Law of the University of Lisbon.

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Published

2003-12-30

Issue

Vol. 2 (2003)

Section

Artigos

License

Copyright (c) 2003 Brazilian Journal of Constitutional Law - RBDC

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

DRAY, Guilherme Machado. The juridical sense of the equality principle: the Portuguese-Brazilian perspective. Revista Brasileira de Direito Constitucional, [S. l.], v. 2, p. 113–136, 2003. DOI: 10.5281/zenodo.11992271. Disponível em: https://rbdc.com.br/revista/article/view/54. Acesso em: 17 nov. 2025.