Conditions of dignified life: between Nussbaum's capabilities theory approach and the suma qamaña principle

• Autor(a) principal: Lopes, Ana Maria D’Ávila
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Justiça do Direito (Online)
• Texto Completo: http://seer.upf.br/index.php/rjd/article/view/14047

The objective of this work is to contribute to the delimitation of the legal principle of human dignity from the intercultural dialogue between the Western tradition, with the perspective of the capacities of the North American philosopher Martha Nussbaum, and the Andean tradition, with the Aymara philosophy of suma qamaña, showing that we can all win when we recognize that cultural differences, instead of driving us away, can bring us closer, if we accept the incompleteness and imperfection of our own knowledge. Initially, some basic conceptual notions about neo-constitutionalism and Alexy's normative theory are exposed, to then develop a brief synthesis of the historical evolution of the philosophical principle of human dignity. In the second topic, the legal principle of human dignity is analyzed, showing its current trivialization and consequent need for parameters that can help to better define its content, which is proposed to be done via intercultural dialogue between the perspective of Martha's capabilities Nussbaum, and the Aymara philosophy of suma qamaña.