Parâmetros para a aproximação ao conteúdo do núcleo essencial dos direitos fundamentais sociais na perspectiva da dignidade da pessoa humana
Preserve the essential core of fundamental rights, defined as a guarantee unattainable to each fundamental right, whose possibility of restriction is out of reach of the legislator or own interpreter in any judgment of weighting, is one of the facets of the new constitutionalism. The achievement...
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| Formato: | Dissertação |
| Idioma: | por |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/23582 |
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| Resumo: | Preserve the essential core of fundamental rights, defined as a guarantee unattainable to
each fundamental right, whose possibility of restriction is out of reach of the legislator or
own interpreter in any judgment of weighting, is one of the facets of the new
constitutionalism. The achievement of social fundamental rights are assigned to the
effective enjoyment of a minimum necessary to a dignified existence, revealing, with this,
the importance of developing the idea of preserving an essential core of fundamental
rights, founded on the notion of the dignity of the human person. However, the
delimitation of the essential core of fundamental rights, involves reasonable difficulty, in
view of the impossibility of being simply defined by means of a fixed setting, applicable
to all cases. Requires, first of all, the consideration of the peculiarities inherent in each
concrete case for your establishment. In this way, it is believed not to be consistent to
establish a closed content for each fundamental right, with regard to its essential nucleus,
but establish a process in which the values are most relevant, contained in the area of
protection of each fundamental right, are respected, minimizing the possibility of
restrictions or limitations that might damage the principle of the dignity of the human
person. In this sense, it is possible to establish some parameters for the identification and
consequent delimitation of the essential core of fundamental social rights, contributing to
the maximum realization of these rights, as well as to avoid unjustifiable intervention in
the regulation area of these rights. |
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