Os problemas da aplicação do princípio da dignidade humana em um contexto neoconstitucionalista

Abstract

Human dignity, despite being a greatly relevant value in the contemporary constitutionalism, is also an ambiguous expression that offers difficulties of demarcation and, thus, of judicial protection by the correspondent normative principle. The link between human dignity and fundamental rights, whose legal foundation is the aforementioned value, demonstrates the need ofresearches that deepen the principle of human dignity’s theoretical precision, therefore stimulating a greater accomplishment of the fundamental rights. It intends, thus, to critically analyze the principle of human dignity in the Legal Studies, and the consequence of its application in a neoconstitutional perspective. In this regard, it utilized the bibliographical procedure, with the analysis of academic productions concerning the theme. It concludes that, in a neoconstitutional framework, the terminological imprecision provides the trivialization of the principle of human dignity’s application, favoring the arbitrariness of judicial decisions and the legal uncertainty.