O princípio constitucional da dignidade da pessoa humana como fundamento da produção da existência em todas as suas formas

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This dissertation work aims at investigating the systems of the juridical thinking through history by exploring the idea of human dignity, as well as changes in social practices within the framework of mans perception of the world. To this end, historical moments of major significance to the development of human rights were chosen pointing definitely to the encompassing power of human dignity. It is thus explored in this dissertation the idea of human dignity in the following epochs: Classical Antiquity, Christianity, the Renaissance with Giovanni Pico Della Mirandolas humanistic thinking, Illuminism with Immanuel Kants philosophy and the Brazilian constitutional juridical ordainment of 1988. From those investigations, a critical appraisal of the anthropocentric thinking is drawn exploring its forcibly advanced fragmented vision of the world by which man and nature are posted as opposed realities, that is, giving rise to the idea of dominator versus dominated. The surge of modern individualism is responsible for the contemporanean crisis that plagues social relations, human subjectivity and environment. The earth is under strong techno-scientific transformations. On the other hand, ecological phenomena of degradation and imbalance will proliferate and, if not urgently corrected, will threaten the survival of all species, including the human species. It is from this realization that it shall be drawn that the human being must be conceived as part of nature, that is, values and human interest might not be seen as isolate items from the ecosystem as a whole; it is clear that the environment should not be seen as a different reality excluded from social relations and human subjectivity. Thus, environment, society and human beings shall make up a whole, sole and indivisible, for they are part of the same context, and there is no other way to consider them but in this unified form. Finally, considering modern constitutional hermeneutics techniques that consider the law a normative system open to values, this dissertation advances the idea of a necessary reinterpretation of the constitutional principle of the dignity of the human being according to environmental issues within an understanding that society and nature should be partners of the same reality.

ASSUNTO(S)

direito constitucional hermenÊutica (direito) - dissertaÇÕes direitos humanos - dissertaÇÕes meio ambiente - dissertaÇÕes

ACESSO AO ARTIGO

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