CLAUSE GENERAL PROTECTION UNDER CIVIL-CONSTITUTIONAL PERSPECTIVE: THE NORMATIVITY OF HUMAN DIGNITY AND ITS RELATIONSHIP WITH THE FUNDAMENTAL RIGHTS AND PERSONALITY RIGHTS

Abstract

This study aims to, through the examination of judicial decisions and bibliographical analysis, take a theoretical and practical approach on the normativity of the principle of human dignity, considering it as the basis for interconnection between the categories of fundamental rights and personality rights. The principle of human dignity guiding principle for the interpretation and application of legal standards as civil-constitutional safeguards to protect the rights of people in public (vertical effectiveness) and private relations (horizontal effectiveness). The Brazilian law established the general principle of the protection of the person through the embodiment and positivation of the dignity of the human person as a principle and foundation ofthe Federative Republic of Brazil,the personality rights and the fundamental guarantees and rights, in order to grant  positive and negative  effectiveness to the rights of man (respect, protection and promotion), considering the violations and offenses perpetrated by public authorities and private individuals and to ensure the accountability of offenders for the damages they caused. Thus, the principle of human dignity is embodied in the constitutional legal principle which fulfills the general clause of protection of the person and establishes the interconnection of legal the fundamental rights and the personality rights to ensure the civil-constitutional protection through a triad relationship that unites the intangible and indissoluble core with the normative unit.