THE FUNDAMENTAL RIGHTS AND THE DIGNITY OF THE HUMAN PERSON IN THE CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZILOF 1988

Abstract

There are certain rights that are inherent to all human beings, rights that are considered essential to the life of each individual. Due to the indispensability of those rights, there is a need for greater assurance that they will be observed, a protection of those rights. Therefore, in view of the need of greater insurance for those essential rights, it becomes necessary that they are affirmed in the Major Law of a country. When inserted in the Constitution of a given country, they become fundamental rights. Such nomenclature is due to the fact that such rights are so essential that they must be observed with great caution. Not any right can be deemed fundamental. To fit in this category, they must be extremely relevant and aim at ensuring a dignified life to people. Therefore, it can be said that the major objective of affirming a right so it becomes a fundamental right is to ensure the principle of the dignity of the human person. As a principle, it is not enough for it to be respected, it takes much more than that, there must be tools in the legal system that can actually ensure it. Thus, the fundamental rights of the Major Law of a country arise to guarantee a dignified life to its individuals.