The principle of the dignity of human person beyond constitutional theory

Abstract

This article, through bibliographical, legislative and jurisprudential research, consists an analysis of the constitutional principle of the dignity of human person, with the purpose of verifying the main functions of the principle in brazilian law. Initially, it was sought to establish the main historical factors that served as a foundation for the emergence of the current notion of the dignity of human person. In addition, the main international diplomas and foreign constitutions that allude to the dignity of human person were pointed out, demonstrating the influence of the post-World War II period, as well as the timeline of brazilian constitutions with regard to the positivization of the principle. Moreover, we tried to delimit the main functions of the principle, consubstantiating doctrine and jurisprudence in order to facilitate the understanding and identification of each function. At the end, the need to delimit the functions of the principle of the dignity of human person in brazilian law is preached, in order to avoid its fading.