A (in)constitucionalidade da cobrança diferenciada para homens e mulheres em eventos e festas

Abstract

The present work has the purpose of investigating whether the differentiated charge according to gender for admission to parties or shows is in accordance with our constitutional order. The interest in the theme was sparked by the discussion caused by the subject and the controversy created around it. The methodology regarding the nature is classified as applied, approaching the theme in a qualitative and exploratory way. As for the technical procedure used, the bibliographical method was employed, through the systematization of the reading of books, academic articles, master's and doctoral theses, and legal texts. Thus, it was possible to reach the conclusion that differentiating admission prices for men and women is unconstitutional, since, using the technique of ponderation and the principles of constitutional interpretation, the principles of equality and human dignity must take precedence over those of free enterprise and free competition. This practice establishes, in fact, a " thingification" or "objectification" as a way to attract more men to the event spaces, generating, in synthesis, more profit. Furthermore, based on the Marxist feminist theories of Roswitha Scholz and Taylisi Leite, it is also possible to understand that the constitution itself, used as a basis of analysis in the present research, is patriarchal and, consequently, incapable of generating real equality between men and women, despite being relevant for the search of a more just society for the female sex.