Article 07: THE IMPORTANCE OF THE STATUTE OF THE ELDERLY IN THE EFFECTIVENESS OF THE PRINCIPLE OF EQUALITY MATERIAL

Abstract

The concept of material equality (proportional or real) finds its equitable treatment of all human beings by equating them with regard to the opportunities and opportunities, as they all have the same of human dignity. In material equality, the opportunities, the chances, must be offered to all, both in the search for the appropriation of material goods and in the search for for spiritual improvement. In the Federal Constitution of 1988 we can find several articles that establish programmatic norms aimed at leveling and reducing existing inequalities (for example, article 170 and sections dealing with the economic and social order;
social rights; Art. 205 which deals with the democratization of education, among others). The establishment of substantive equality in the infraconstitutional legislative (legal) aims to give practical effectiveness to constitutional norms, including such program norms. Material equality is to treat unequally the unequal in the exact measure of their inequalities. The Statute of the Elderly, federal law n. 10,741 of 1º. of October 2003, comes prestige of this legal principle, already enunciated by Aristotle.
Ingo Wolfgang Sarlet states that the principle of equality is directly anchored in the dignity of the human person, and for no other reason than the Declaration
UN Universal Declaration enshrined that all human beings are equal in dignity and rights. Thus, it constitutes an essential prerequisite for respect for the dignity of the human guarantee of the isonomy of all human beings, which, therefore, can not be submitted discriminatory and arbitrary treatment.