THE NORMATIVE STRUCTURE OF EQUALITY IN PUBLIC SECURITY INSTITUTIONS: BETWEEN CONSTITUTIONAL GUARANTEES AND OPERATIONAL LIMITS

Abstract

This article examines the normative structure of equality within public security institutions, investigating the extent to which the Brazilian legal system allows functional differentiations under constitutional guarantees. The study is based on the hypothesis that equality under Article 5 of the Constitution does not require absolute uniformity but conditions normative distinctions on proportionality and institutional rationality criteria. A qualitative, doctrinal legal approach was adopted, with systematic analysis of the Constitution, statutory legislation, and case law of the Federal Supreme Court. The findings indicate that the constitutional framework permits differentiations grounded in legitimate purposes, adequacy, necessity, and proportionality in the strict sense, while prohibiting arbitrary or functionally unrelated distinctions. It is concluded that reconciling equality with institutional functionality requires rigorous constitutional review capable of harmonizing fundamental rights and operational demands.