THE PRINCIPLE OF EQUALITY AND THE CHALLENGES FOR ITS CONSOLIDATION

Abstract

We have the Principle of Equality as one of the main foundations of Human Dignity. Its inclusion in the Federal Constitution of 1988 provoked a revolution in Family Law, by removing the authoritarian character of the prevalence of the male function, thus eliminating the relations of subordination that existed until then among the members of the family group. The introduction of this principle in the Brazilian legal system has impacted the precepts that deal with the three main situations in which inequalities of rights have been a historical constant: between spouses, children and family entities. Despite all the advances in the direction of equality enshrined in the Law, the social organization of the family still retains traces of the old patriarchal model, which imposes challenges for the consolidation of equality in family relationships. This article seeks to show what the Principle of Equality consists of, the advances achieved through its insertion in Family Law after the Federal Constitution of 1988 and the challenges for it to become a reality in the family context. Bibliographic and descriptive research was used for the elaboration of this article.