A indecisÃo problemÃtica da dignidade humana e seus reflexos nas relaÃÃes de filiaÃÃo / The Problematic Indecision of Human Dignity and its Reflexes in the Filiation Relationship

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The present aims at analysing the evident problematic indecision about the concept of human dignity, positioning it throught its historic construction, the idea of the subjective rights that we have and the family relationship in our civil law, with the objective of demonstrating how the question of law and the cause of the rights of the sons are been treated in the Superior Tribunal of Justice, in the trials of the actions of paternity investigation. Human Dignity and subjective rights was also demonstrated as a reference of a wide variety of theories attempting to outline the question about the fundamental rights. All human dignity theories hold that there is some natural standard independent of and above the positivity rights. With the rise of individualism in the nineteenth centuries, in Brazil, the matter of the personalism was also contacted with this a priori way of this comprehension of the human dignity with clear reflexes in the filiation relationships, as demonstrated through the analysis of the STJÂs comprehension about the rights of the sons when they pretend the declaration of paternity by the court and the realization of the prove of it, by de DNAÂs exame

ASSUNTO(S)

paternity investigation human dignity family relationship filiation dna direitos subjetivos filiaÃÃo relaÃÃes de famÃlia investigaÃÃo de paternidade subjetive rights dignidade humana dna direito privado

ACESSO AO ARTIGO

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