fraternity as principle in consequence to Human Dignity in the Light of the interpretation and application of the Constitution

• Autor(a) principal: Camacho, Luciana da Silva Paggiatto
• Data de Publicação: 2023
• Outros Autores: Séllos-Knoerr, Viviane Coêlho de, Martins, José Alberto Monteiro
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Direitos Democráticos & Estado Moderno
• Texto Completo: https://revistas.pucsp.br/index.php/DDEM/article/view/60901
• topic: Principles; Dignity of the human being; Fraternity; Constitutional interpretation; Princípios; Dignidade da pessoa humana; Fraternidade; Interpretação constitucional; Principios; Dignidad de la persona humana; Fraternidad; interpretación constitucional

Objective: a new thinking on all the protective issues involving the individual, such as the principle of human dignity, citizenship, ethics, and the pre-eminent need for axiological construction of a fraternity principle. The Constitution (BRAZIL, 1988) can contribute in a very important way to the construction of these new interpretative paradigms in the construction of the fraternity principle, whose scope is to contribute to a more solidary society at the internal level and to the construction of international collaborative values based equally on fraternity and solidarity, but also on respect and compassion towards others. Methodology: a deductive scientific methodology, through bibliographic studies, but mainly by way of a critical observation of the phenomenological social reality, especially in the current conflict in Ukraine, which cruelty is a constant and daily highlight in the news. Justification: faced with the resumption on the world stage of hate speech, neo-Nazis and neo-Fascists of an extremely intolerant and discriminatory nature, the social scientist has been imposed with the need to construct and (re) construct concepts which individual, all individuals, without distinction, must be placed as the intangible core of protection. Results: (i) the need for a reconstruction of axioms in relation to already existing norms; (ii) for such, the studies point to the path of Constitutional interpretation in view of the existing value load in the current Brazilian political constitution; and (iii) the reading of fraternity as a constitutional principle, a consequence of the dignity of the human person, without prejudice to the axiological incidence of values such as ethics as a conduct guideline for the exercise of citizenship. Contributions: the scientific contribution from the proposed research is a continuous and resilient need on the nuclear and peripheral concepts involving fraternity and the dignity of the human being for the construction of a society with equal opportunities, solidarity, and prosperity for the present and future generations.