THE CONTEMPORARY DIMENSION OF HUMAN DIGNITY IN THE BRAZILIAN ECONOMIC ORDER

• Autor(a) principal: RAMOS, ANDRÉ DE CARVALHO
• Data de Publicação: 2024
• Outros Autores: GAMA, MARINA FARACO LACERDA
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Pensamento Jurídico
• Texto Completo: https://ojs.unialfa.com.br/index.php/pensamentojuridico/article/view/808
• topic: Ordem Econômica brasileira; Constituição Econômica de 1988; Dignidade da Pessoa Humana; Eficácia diagonal dos direitos humanos; Brazilian Economic Order; Economic Constitution of 1988; Dignity of the Human Person; Diagonal effectiveness of human rights

The purpose of this article is to examine the contemporary dimension of human dignity as a purpose of the Brazilian Economic Order in light of the theory of diagonal effectiveness of human rights, from the perspective of Sergio Gamonal Contreras. It is argued that the current action of the State in the economic domain with a view to achieving the dignity of the human person, the main purpose of the 1988 Economic Constitution, must also take into account theasymmetries of power inherent in the relations between employee and worker, justifying state intervention in this area, with the primary purpose of repairing this inequality. From this observation, it is clear that the legitimacy of public and legislative policies aimed at regulating the economy is conditioned on the observance of the diagonal effectiveness of human rights within the scope of these legal relations, thus guaranteeing everyone a dignified existence, as per the dictates of social justice, exactly as established in the caput of Article 170 of the 1988 Constitution. The hypothetical-deductive method was employed with the assistance of bibliographic and jurisprudential research.