A SUBJETIVAÇÃO DO DIREITO À DIGNIDADE DA PESSOA HUMANA: CONSTITUCIONALISMO OU GUERRA IDEOLÓGICA

Abstract

In the narrow words of this work, the reader's attention is sought to the social conflict related to the defense of constitutional rights and guarantees in the face of ideological, politically sustained discussions. It appears that the national normative body describes several possibilities of having a fair, solidary and fraternal society through fundamental rights. It so happens that the practice of these rights is not envisaged, which would be, in theory, the main source for resolving conflicts of this nature. Faced with such a paradox (normative plan and real plan), we face here the election of the subjectivation of the right to human dignity, in turn fundamental, as the main channel for achieving the objectives of the constituent legislator. The reader will find in this work, especially in the topic referring to the subjectivity of constitutional guarantees, as an integral and concrete part of any society that aims at equality, security, peace and harmony among its peers. It seeks to point out alternatives and constitutional instruments for the consecration of human dignity, serving as a precise instrument for preventing social conflicts. The methodology was a bibliographic research for theoretical foundation and analysis of the texts. It presents, therefore, the synthesis of constitutional theory in the sense of guiding public policies for the effective application of human transformation, and, therefore, as an important instrument that enables effective human dignity.