Judicialização e minorias: uma reflexão sobre a doutrina de equal protection na jurisprudência da suprema corte americana

Abstract

In the contemporary constitutional scenario, given the increasing complexity of social conflicts, there was an inevitable extension of the judiciary’s action in the political and moral role previously attached to the Legislative and Executive. Within an activist view taken by the Supreme Court, we intend to distinguish between two theoretical approaches that will clarify the content of the Equal Protection: the “Anticlassification principle” and the “Antisubordination principle”. We intend to demonstrate that the Antisubordination principle is a more sophisticated normative instrument, able to meet the subtle character of the principle of equal protection, given the challenges of constitutionalism sensitive to the demands of stigmatized groups.