Constituição e (des)igualdade: a ilegitimidade da gestão diferencial da criminalidade no marco do Estado Democrático do Direito

Abstract

The new constitutionalism, as a theory emerged from the Second World War, grants a preponderant role to the judicial review of constitutional courts by allowing lawyers to redress or even invalidate statutes whose content draws away from the ideals of good life and justice embraced by the Constitution, in which the postulate of aequalibertas, as a historical achievement of the Western civilization, is accentuated. Therefore, and given the necessary liaison between Criminal Law and practical Philosophy, the truthfulness of legal propositions implicates the respect of basic values of a communitarian form of living that are written the Constitution, which leads to the conclusion that the different administration of the criminality is illegitimate in a

democratic state. The extremely selective operation of the Criminal Law arises not only from the criminal law official apparatus of repression, but also from the statutory

provisions, which, although supposedly aiming to impede certain crimes committed by the dom