O Federal Supreme Court (STF) overthrew the benefit of special prison for those with a higher education degree. The vote was unanimous among ministers.
After the Attorney General’s Office presented an action against the law last year, the trial had been paused in 2015 and was resumed last week.
the minister Alexandre de Moraes, rapporteur of the action, argues in the report that the principle in the special prison law violates the concept of isonomy, and has no logical relationship. That is, it is not acceptable to differentiate treatment based on the individual’s level of education.
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“The principle of equality is against arbitrary differentiations, absurd discriminations, but it does not prevent the unequal treatment of unequal cases, insofar as they are unequal, as a requirement of the concept of Justice”, he said.
Another point raised in the action is the wide interpretation of the law, which can further harm the principle of equality. This is because the specific conditions for the cells are not determined – it only consists of staying in a different place from ordinary prisoners.
Source: Moneytimes
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