A HUMAN DIGNITY IN THEORY OF FUNDAMENTAL RIGHTS OF ROBERT ALEXY : AN ANALYSIS OF ITS CHARACTER OR ABSOLUTE ON THE LEGAL AND CONSTITUTIONAL ORDER

Elisângela Padilha, Carla Bertoncini

Abstract


The dignity of the human person comes by lifting one ever checked role in history. In turn, the debates about the absolute or relative character of human dignity in the legal and constitutional order are current and relevant. Whether as principle or fundamental right, have been gaining prominence discussions on the possibility of establishing restrictions on human dignity. In this context, this article proposes some reflections on the extent to which the dignity of the human person, especially in its first condition and / or fundamental right, can effectively be taken as absolute or admits to his relativity before specific circumstances? It is possible, with the aim of protecting the dignity of someone, restrict the dignity of others? For the development of this study, it was presented the contribution of Robert Alexy.

Keywords


Dignity of human person; absoluteness or relative ; theory of Robert Alexy ; weighting , fundamental rights.



DOI: https://doi.org/10.26668/IndexLawJournals/2358-1352/2016.v13i6.2908

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