Base rights: principle of dignity of human being with the private autonomy

Authors

  • Hamilton Pessota Nicolao Pontifícia Universidade Católica do Rio Grande do Sul

Keywords:

Base rights, Human being dignity, Private autonomy.

Abstract

The objective of this study is to promote a reflection about the application of dignity of human being with the private autonomy in relations between privates. As a truly fundament for this work, it was made a historic- conceptual analysis of the fundamental rights. As one of the main subjects of the research, it was tried to find a concept that shows in a very realistic way the principle of dignity of the human being, presenting the details that involves its applications and comprehension. From the first thought that this dignity should limit the legal order, it was also necessary to find it main base acting to characterize what is more important to protect in justice, so this way we can have it real dimension. This way, it was found as a main base of dignity of the human being the private autonomy, in other words, the freedom that the private has to lead his life following his own plans. In this case, only the independent individual is free and is this only manner to reach his dignity. With this idea, it was looked for ways and measures which would bring the efficacy (binding) of the fundamental rights in private relations. Finally, after shorts contours about the power of the police of State (public power) the conclusion for the development of this work was reached.

Author Biography

Hamilton Pessota Nicolao, Pontifícia Universidade Católica do Rio Grande do Sul

Direitos Fundamentais

Published

2011-06-22

Issue

Section

Articles