Resource data
Homem, pessoa e dignidade: da antropologia filosófica à Corte Interamericana de Direitos Humanos
Andrés Felipe Thiago Selingardi Guardia
Location:
http://www.sapientia.pucsp.br//tde_busca/arquivo.php?codArquivo=6535
The dignity of a man, as a person, represents an eternal philosophical, legalsearch and assumes some knowledge of a human being. Both Scheler and Heidegger, andmany other thinkers, agree that in any other historical moment it seemed so difficult tounderstand the man. If there are so many sciences dedicated to analyze and interpret thehuman phenomenon, they seldom are related and even the independent studies have nosuccess to elucidate the matter.By the contemporany law, dignity is often identified as ?the law basis?; ?thefirst attestation of law?; ?the main concept that grants cohesion to the entire constitucionalbuilding?; ?the highest rule of forensic order?; ?the philosopher?s stone of fundamentalrights?; ?the constitucional law-value?; ?one of the highest constitucional principles?; ?thebasis of international order?. This multiplicity of definitions attests to the difficulty facedby the doctrine in interpreting the human phenomenon. The legal science, even knowingthe problem, has not been able to solve it. This antagonism of ideas not only representsmerely a theoretical hesitation but also a serious threat to man and his dignity. If the humanbeing?s dignity, engraved in the Charter Top of State, really represents a value and a legalprinciple, so it?s meaning must be defined. How is it possible to assert equality to thehuman being, protecting their rights, guaranteeing them the recognition of their personalityand assuring them the resources essential to their development without determiningprecisely where there dignity lies? Or, how to assure a constitutionality orinconstitucionality of a norm, the legitimacy of a contract or keep safe fundamental rightswithout knowing them in its genesis?The dignity of a man does not represent a legal or political concept, but aphilosophical one. Since the Greek and Roman Antiquity, the humam being, their essence,their existence, their acts and dignity denote an inflection point between the Law andPhilosophy. The philosophical meaning of dignity denotes an axiological affirmation ofman as a be, rooted in a set of rights which give them identity and rooted in a set of rightswhich give them identity and turning to be unique and unrepeated.Therefore it is proposed, beginning from notions of man and human being, abrief analysis of human dignity from the philosophical antropology until the trial of theInter-American Court of Human Rights.The legal interpretation of the human phenomenon and its dignity embracesnot only the legal duties and subjective rights recommended by a normative system in aspecific historical moment, but it also requires a philosophical and anthropologicalanalysis. Three themes permeate the understanding of the dignity of man commended bycontemporany law: the one that bears dignity, the precise contourns of this dignity and itsinterpretation by a court of international jurisdiction
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Detalles del recurso
|
Homem, pessoa e dignidade: da antropologia filosófica à Corte Interamericana de Direitos Humanos
|
| Id. |
35226281 |
| Idioma |
PT
|
| Titulo |
Homem, pessoa e dignidade: da antropologia filosófica à Corte Interamericana de Direitos Humanos |
| Autor(es) |
Andrés Felipe Thiago Selingardi Guardia |
| Location |
http://www.sapientia.pucsp.br//tde_busca/arquivo.php?codArquivo=6535
|
| Versión |
1.0 |
| Estado |
Final
|
| Descripción |
The dignity of a man, as a person, represents an eternal philosophical, legalsearch and assumes some knowledge of a human being. Both Scheler and Heidegger, andmany other thinkers, agree that in any other historical moment it seemed so difficult tounderstand the man. If there are so many sciences dedicated to analyze and interpret thehuman phenomenon, they seldom are related and even the independent studies have nosuccess to elucidate the matter.By the contemporany law, dignity is often identified as ?the law basis?; ?thefirst attestation of law?; ?the main concept that grants cohesion to the entire constitucionalbuilding?; ?the highest rule of forensic order?; ?the philosopher?s stone of fundamentalrights?; ?the constitucional law-value?; ?one of the highest constitucional principles?; ?thebasis of international order?. This multiplicity of definitions attests to the difficulty facedby the doctrine in interpreting the human phenomenon. The legal science, even knowingthe problem, has not been able to solve it. This antagonism of ideas not only representsmerely a theoretical hesitation but also a serious threat to man and his dignity. If the humanbeing?s dignity, engraved in the Charter Top of State, really represents a value and a legalprinciple, so it?s meaning must be defined. How is it possible to assert equality to thehuman being, protecting their rights, guaranteeing them the recognition of their personalityand assuring them the resources essential to their development without determiningprecisely where there dignity lies? Or, how to assure a constitutionality orinconstitucionality of a norm, the legitimacy of a contract or keep safe fundamental rightswithout knowing them in its genesis?The dignity of a man does not represent a legal or political concept, but aphilosophical one. Since the Greek and Roman Antiquity, the humam being, their essence,their existence, their acts and dignity denote an inflection point between the Law andPhilosophy. The philosophical meaning of dignity denotes an axiological affirmation ofman as a be, rooted in a set of rights which give them identity and rooted in a set of rightswhich give them identity and turning to be unique and unrepeated.Therefore it is proposed, beginning from notions of man and human being, abrief analysis of human dignity from the philosophical antropology until the trial of theInter-American Court of Human Rights.The legal interpretation of the human phenomenon and its dignity embracesnot only the legal duties and subjective rights recommended by a normative system in aspecific historical moment, but it also requires a philosophical and anthropologicalanalysis. Three themes permeate the understanding of the dignity of man commended bycontemporany law: the one that bears dignity, the precise contourns of this dignity and itsinterpretation by a court of international jurisdiction |
| Tipo |
PDF |
| Palabras clave |
DIREITO |
| Tipo de recurso |
Electronic Thesis or Dissertation
Tese ou Dissertacao Eletronica
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| Tipo de Interactividad |
Expositivo
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| Nivel de Interactividad |
muy bajo
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| Audiencia |
Estudiante
Profesor
Autor
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| Estructura |
Atomic |
| Coste |
no
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| Copyright |
sí
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Liberar o conteúdo dos arquivos somente para a comunidade da Universidade |
| Formatos |
PDF |
| Requerimientos técnicos |
Browser: Any |
| Fecha de contribución |
24-ago-2008 |
| Contacto |
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