A dignidade da pessoa humana na filosofia do direito de Hegel

Abstract

The present dissertation work has its origin in the studies of the dignity of the human person in its philosophical dimension and in the science of law. That, throughout history and more accentuated in contemporary times, has been assuming the position of fundamental value to be considered by Democratic Constitutional States, in view of its inclusive character and that results in obligations towards the human person, on the part of its members. and the country of which you are a citizen. The choice of the Philosophy of Law was since it is the work that most deals with the subject of human dignity, even if implicitly, that is, without using this name expressly. In this direction, we intend to make explicit in Hegel's work, when it comes to the realization of freedom in all its determinations, whether the dignity of the human person of contemporary conception has been contemplated in any way or, at least, essential elements of this or any other. The evolution of the understanding of what a human person will be approached and, in the same way, in relation to human dignity, which will then explain the Hegelian concepts of the idea of freedom, a person of law and legal capacity, as well as paragraphs of the Philosophy of Law that make reference to the dignity in question or elements of that value. A comparison between dignity and freedom will expose the scope of the conception of these values, providing the necessary subsidies for the outline of an “idea of dignity”, from which arises an immutable nucleus and the necessary delimitation of individual conducts according to that idea. Thinking of a State that can be ethical in its entirety and that increasingly contemplates, protects and promotes human dignity and fundamental rights and guarantees, should be the objective of all Democratic Nations and Constitutional States.