Uguaglianza e diritto

The principle of equality in the legal field does not involve a leveling treatment, it does not coincide with egalitarianism, but implies an equal regulation of equal situations and a differentiated one for different situations. It has found a different implementation in various sectors of the legal system. Nowadays, in the discipline of relations among people in the name of this principle, the problem of mass contracts arises, prepared by companies with a standard content, in which the asymmetry between a strong party and the weak party is huge. In the public administration, the need for a diversified treatment of non-homogeneous situations has even been acknowledged at the constitutional level, with the affirmation of the principle of progressivity in tax law and the provision in electoral systems of rebalancing measures aimed at guaranteeing equal representation of gender. The criminal field is the area where the greatest criticalities are recorded, fueled by populist policies, which have created strong disparities at all levels, in the choice of behavior to be indicted, in the quantification of penalties and their effective application. These disparities are also strongly affected by the diversity of income conditions, for which protective measures still appear insufficient.