Liberdade e discriminação no domínio privado: reflexões sobre as escolhas de tratamento discriminatórias nas relações privadas

Abstract

This dissertation analysis how equality and difference are manifested on human relations established in private realm, considering arbitrary discriminations on exercising freedom. Then, the concepts of equality, difference, isonomy, discrimination and prejudice in paradigm of democratic rule of law are analyzed as well as the treatment choices between isonomy and discrimination on creation and application of law are discussed. It focuses the difference between public and private in democratic rule of law in a discursive perspective and the mobility of human affairs in such realms, proposing a characterization of equiprimordiality between them both to avoid the absolute privatization of the public realm and the absolute publicization of the private realm. Thus, it pointed to the need of preserving such difference in order to have a project statement of constitutional democracy and achieving fundamental rights focused on plurarity of human condition. It sustained plurality as human condition of action and as basis of discursive legitimacy in democratic rule of law, pointing out its consequences in understanding the meaning of democracy, Constitution and fundamental rights. Therefore, it becomes possible to analyze (i)legitimacy of discriminatory treatment choices made arbitrarily by people in their private relations, discussing the legal and pragmatic assumptions underlying to the cases which highlight dilemmas related to discrimination in access to private places of people, freedom of association and freedom of religion.