The principle of equal treatment in the jurisprudence of the Supreme Court of Justice of Uruguay. Research results

Abstract

This paper presents the results of the research on the principle of equality in the jurisprudence of the Supreme Court of Justice of Uruguay developed by a group of professors and students of Constitutional Law at the Universidad Católica del Uruguay. The research analyzed 360 sentences issued by the Uruguayan Supreme Court of Justice in unconstitutionality processes, between the years 2012 and 2021. The study does a particular consideration on issues that are important both on the treatment and on the development of application of equal principle, on the use of legal tools to resolve cases (“triple test” or proportionality principle), also on the invocation and application of the non-discrimination principle, among other current issues. The research shows a favorable development in such matters, and a shortcoming in others, being its attention relevant due to the significance that this principle has for the Rule of Law.