O que é justiça? uma análise das desigualdades sociais do Brasil à luz da teoria da justiça de John Rawls

Abstract

This paper seeks to analyze the concept of justice in the light of John Rawls, an objective to discuss inequality in Brazil. The present study was based on bibliographic research, especially the bibliography on the philosophy of law and constitutional law, in addition to using the deductive method, in order to define the social reality and assess its context until reaching a conclusion, starting from from the existing legal and philosophical dogmatics and the normative diplomas that already make up the legal system for the research problem, namely: the inequality of Brazil in the light of what Rawls understands by Justice. Through the analysis carried out, it was concluded that Brazil historically, because of patrimonialism, distances itself from Rawls' concept of justice, as distributive justice deals with meeting the legitimate expectations that come into being when the rules of the game are considered , in this way, once the principles of justice establish the terms of social cooperation, people become deserving of the benefits they obtain by following the rules, however, the historical bases of Brazil and its formation warn that there never was a search for the implementation of an effective public justice, what happened was the search for a distributive justice based on the meritocratic conception of justice, which, however, is flawed, as well as the merely libertarian conception, since the distribution of rights in moral factors arbitrary.