A justiça como equidade e a Constituição Federal

Abstract

The theory of the social contract had its peak in the 17th and 18th centuries with the political philosophers Hobbes, Locke and Rosseau, until it was surpassed by theories such as utilitarianism. In the 20th century, dissatisfied with the hegemony of utilitarianism in political thought at the time, John Rawls decided to revive the idea of ​​a social contract with his theory of justice as equity, which later evolved into a political theory of justice based on what he called consensus superimposed. This dissertation aims to explore the evolution of the theory of justice as equity to investigate whether this theory could be applied to a country like Brazil and whether we Brazilians could ever reach an overlapping consensus. The first and second chapters were developed using the inductive method, while the third used the hypotactic-deductive method and the research as a whole used the bibliographical research technique in books, articles and legal texts. In the end, it is concluded that, although the theory of justice as equity is perfectly applicable to Brazil, we still need to deal with our myriad of social problems and guarantee the right to the existential minimum for everyone. Once this is done, we can perhaps begin to move towards an overlapping consensus and a just society.