Desigualdade econômica: direito e distribuição como um problema democrático do constitucionalismo brasileiro

Abstract

This work aims to analyze the treatment of Brazilian public law to the different dimensions of national economic inequality. On the one hand, even though the promotion of equality through redistribution – i.e., capable of reducing distortions at the top of the socioeconomic stratum – is a legitimate aim considering the principle of equality of the Constitution, a discourse has been consolidated in the sense that the excessive concentration of wealth is not per se a problem. On the other hand, through the formation of a relative consensus around to the exclusive fight against poverty as part of Brazilian egalitarian identity, our public institutions seem to focus mostly on inclusion and guaranteeing minimum conditions for the existence of those most vulnerable. It is argued that this is an insufficient and mistaken claim considering that, as stated in the literature, the other unequal dimensions of the Brazilian reality are at the root of problems of democratic constitutionalism. First, because extreme economic concentration can bring, in a context of domination of the economic sphere over the political system, negative consequences for the process of forming democratic decisions. Vetoes on redistributive demands and the capture of the normative elaboration process by organized economic groups have implications on the bases of democratic theory, and lead to a scenario of political inequality and oligarchization. Second, because socioeconomic inequalities can contribute to the destabilization of democracies in unequal countries. Faced with popular dissatisfaction about their socioeconomic conditions, democracies find it difficult to mediate distributive conflicts, which results may involve the discrediting of democratic institutions, the strengthening of anti-system political movements and the rise of illiberal leaderships with autocratic pretensions. Finally, considering the diagnosis outlined, we seek to provide the basis for a multidimensional egalitarian agenda, without an exhaustive claim, which is based on the role of the State in the fight against the oligarchization of the political system and the implementation of redistributive policies.