JUDICIARY BRANCH’S PUBLIC HEARING AND THE PERSONALITY RIGHTS:: AN ANALYSIS IN LIGHT OF JÜRGEM HABERMAS AND PETER HÄBERLE’S THEORIES

• Autor(a) principal: Siqueira, Dirceu Pereira
• Data de Publicação: 2022
• Outros Autores: Souza, Bruna Caroline Lima d
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Meritum (Belo Horizonte. Online)
• Texto Completo: http://revista.fumec.br/index.php/meritum/article/view/8419

The personality rights represent rights really important in the human person dignity effectuation, and also in the people and their personalities free and full development warranty. It does the search for instruments that make feasible their effectuation essential. Considering that, the democratic context is also demanding instruments that make feasible a society with active participation on state decisions, especially in the Judiciary Branch. Thus, this paper aims to analyze the public hearing instruments in the Judiciary Branch in light of the theories proposed by Habermas and Häberle, and also to measure if they can hold as a personality rights’ effectuation instrument. In a specific way, it will be analyzed Habermas’ and Häberle’s theories, highlighting their main aspects and if it is possible to find a relation between them and public hearings, and also it will be analyzed the personality right’s importance in the human person tutelage and if the public hearings hold as an instrument of skillful effectuation. The questions presented are: Can public hearing in the Judiciary Branch be considered as na instrumentalization way of Jürgen Habermas’ and Peter Häberle’s theories in the current judiciary context? Can these hearings hold as a personality rights’ effectuation instrument in the jurisdictional ambit? Therefore, it will be used the deductive method and the methodology guided in the literature review technique.