EQUALITY IS AN UNDETERMINED CONCEPT!?:

FROM THE ESSENTIAL CONTENT OF FUNDAMENTAL RIGHTS TO CONSTITUTIONAL MATERIAL GOODS BY LUIGI FERRAJOLI

Abstract

This is a non-systematic and integrative bibliographical review that aims to present, firstly, some concepts about equality from different perspectives of the social sciences. Next, we seek to explore the eighth chapter of the "Manifest for equality", where the author proposes the transcendence of fundamental rights towards the so-called "constitutional goods (or assents)". Finally, we tried to identify a minimum consensus on the idea of ​​equality with contemporary theorists, especially in relation to its application in the real world, with the aim of reducing inequalities and guaranteeing greater access to essential goods for those in vulnerable situations. The work concluded that the concept of equality proposed by Ferrajoli has already been widely discussed by several theorists, and although it cannot be attributed as a pioneer, it presents an important contribution, especially to the field of Law. Furthermore, it was observed that equality is an indeterminate concept, subject to varied interpretations and influenced by diverse ideological currents in the social sciences. However, it is also highlighted that, even though it is indeterminate, it is sought through heterogeneous approaches to provide equal opportunities for individuals who are completely different from each other.