A CONSTRUÇÃO DA IDENTIDADE PELA ARTICULAÇÃO DOS PRINCÍPIOS DA DIGNIDADE DA PESSOA HUMANA, DA IGUALDADE E DA LIBERDADE: EXPRESSÃO DO DIREITO GERAL DE PERSONALIDADE

Abstract

The work treats identity as an aspect of personality sheltered by a general clause of protection that extends its influence to the whole civilist order, using the constitucional principles of human dignity, equality and liberty. A qualitative methodology is adopted through bibliographical research of documents and analyses of doctrine. The focus is, however, the dissonance between the individual identity in a post-modern perspective and the notion of identity adopted by the Brazilian Civil Code. The identity based in an immutable essence, in the way of the iluminism and the eighteenth century codes, differs from the plastic identity which is an experience of post-modernity or reflexive modernity. Besides, the work deals with the fact that the courts, overcoming the conception of identity of our Civil Code, have progressed in the recognition of the changing identity of the individual today.