HUMAN DIGNITY AND THE SOCIAL FUNDAMENTAL RIGHTS EFFECTIVENESS

Abstract

This essay fits into the strict sense postgraduate program - Master of Law (LLM) – In the concentration area of the constitutional rights, written as a result of the research conducted by the research group on social rights in the University of the West of Santa Catarina (UNOESC), conducted by the first co-author, with the assistance of the two other co-authors. The principle of human dignity has been included in the list of the foundations of the Federative Republic of Brazil by the Constitution of 1988 which first article, opening the formal text, Treats the gradual evolution of the concept, over the years. The research is still object of a guiding principle of the rule of law, however, still irrigated of the most diverse disputes among philosophers, anthropologists and jurists subject to different interpretations approaches, and therefore also different application and effectiveness. In this regard, in order to provide better living conditions to the population, civilians fundamental rights, and most particularly, social rights are protected by the principle of human dignity, undergo continuing debate about its effectiveness. The obstacles to the effective result in the field of regulations is the necessary interpretative activity; the superficial constitutional content of the recipients of social rights and resistance of the constituted powers, first by omitting, then to resist the judiciary role in ensuring public policy. Finally it has to be the higher courts, especially the Supreme Court and the Supreme Court consolidated the use of human dignity as a justification argument of concessive decisions of social rights.