Colisão de direitos fundamentais

Abstract

This monograph has the propose of analyzing the fundamental rights collision in a concrete case, and how the interpreter must proceed to solve it. In fact, this conflict is very peculiar, because the ethical source of those rights is the human person´s dignity, which makes them have the same hierarchy, not existing one more important than the other. Therefore, happening a conflict between them, it is not possible, simply, to exclude one of the fundamental rights, because the norm that enunciate it has the structure of a principle. In such case, the interpreter must value each principle involved in the concrete conflict, balancing them, because would be extremely painful to society the complete removal of one of them, in a first moment. To reach that purpose, the interpreter must use the proportion principle, making an harmonization in each concrete case. The correct solution of the fundamental rights collision is very important to protect the human being dignity, an invaluable gain of modern constitutions.