Right and axiology: the human being value as a fundament for personality rights

  • Cleide Aparecida Gomes Rodrigues Fermentão Cesumar

Abstract

Social values in a society form axioms, which become norms that establish the social conduct and, at the same time, protect life, the human being and their values. The Law follows the social development and has protected the internal values of human beings, subjectively constituting the human being as the center of the Law. As a result, the person acquires the protection of the State and, as being the center of the Law, the superiority of the human being value is established in relation to other values. Axiology and Law are necessary studies to understand the human being value, and personality rights are anchored in this value. Human dignity, as an individual right, is structured on the moral and interior value of the human being, which needs to receive from the State the basic conditions for a life in plenitude, having the necessary conditions to develop as a person, besides guaranteeing that their values will be respected. Personality rights, have its foundations, its basis, on the values of the human being, conquered by constitutional principles, guaranteed by the Federal Constitution of 1988.

Author Biography

Cleide Aparecida Gomes Rodrigues Fermentão, Cesumar
Advogada no Estado do Paraná; Docente do Programa de Pós-graduação – Mestrado do CESUMAR – Centro Universitário de Maringá; Doutora em Direito das Relações Sociais – Direito Civil – pela UFPR – Universidade Federal do Paraná; Graduação e Mestrado em Direito Civil pela UEM –Universidade Estadual de Maringá.
Published
2007-10-17
Section
Doutrinas