The Basis of the Rights of the Personality Under the Penal Aspect

Abstract

Current paper analyzes the basis of personality under the aspect of the dignity of the human person. Personality right may be conceived as subjective rights of the person, common to their existence, since they consubstantiate their physical, intellectual and moral integrity. Since they are acknowledged by humans and due to their social projections, they seek the defense of innate values such as life, intimacy, physical, moral and psychic integrity. This is why these are considered the basis for individuals. On the other hand, the intrinsic relationship between fundamental rights and the rights of the personality is underscored to justify the horizontalization of fundamental rights due to the Theory of Constitutionalization. These rights are currently warranted by Article 5 of the Brazilian Federal Constitution but were inserted in other branches of the Law. When the dignity of the person was elected with maximum value and protected by the juridical order, it must protect humans in their relationship with the State since the latter is logically in a position of superiority (fundamental rights). It has also the right to protect relationships between individuals who, due to different forms of power manifestations, may be within unequal positions (rights of the personality), inclusively within the penal environment.