Personality rights as essential rights and rights subjectivity

  • Cleide Aparecida Gomes Rodrigues Fermentão CESUMAR

Abstract

The Federal Constitution consecrated the fundamental rights, guaranteeing everyone’s equality according to the law, defending the personal rights to life, liberty, human dignity, honor, name, privacy among others. Human beings and their internal values, such as personality rights, are defended by the juridical ordaining. Personality rights are recognized as subjective rights; they are the result of struggles and changes of paradigm, and the tribunals had a fundamental role in this achievement. As subjective rights, they represent the essential values of human personality, having the protection of dignity as objective. Personality rights, due to their essentiality, are rights necessary to human life, constituting the basis for human beings rights. In respect to personality rights juridical nature, first of all, it is urgent to verify if they can be considered subjective rights, as today we predominantly understand them, since these rights respect the incidence of the subject’s willingness over the protection of his interest.

Author Biography

Cleide Aparecida Gomes Rodrigues Fermentão, CESUMAR
Professora no Mestrado em Direito do CESUMAR, Mestre em Direito Civil pela UEM Universidade Estadual de Maringá. Doutora em Direito das Relações Sociais – Direito Civil – pela UFPR Universidade Federal do Paraná. Advogada no Estado do Paraná.
Published
2007-08-02
Section
Doutrinas