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- Title
O PRINCÍPIO DA DIGNIDADE HUMANA COMO FUNDAMENTO DE DECISÃO NO ÂMBITO DO STF E SUA CONFORMAÇÃO COM OS DIREITOS DAS PESSOAS COM DEFICIÊNCIA.
- Authors
Barbosa, Edgard Fernando
- Abstract
The research aims to analyze the position taken by the Supreme Federal Court in a trial that touched on the application of the principle of human dignity in line with the rights of people with disabilities. The aim is to understand, from this precedent of the highest Court in the country, how people with disabilities are being welcomed by the State in the perspective of realizing the fundamental rights recognized and affirmed in the Statute of Persons with Disabilities, Law 13.146/2015, as well how to ponder how this conformity of jurisprudence affects the observation of the constitutional principle of human dignity. For this purpose, the study analyzes the sentence extracted from the judgment, in March 2020, of Direct Action of Unconstitutionality nº 4.388, proposed by the Attorney General's Office against the State of Goiás. Using a practical investigation method and reference to the bibliographical research, the text seeks to understand how, for purposes of legal argument, the positions of Robert Alexy and Roberto Barroso in accordance with the structures of fundamental rights, namely, the principle of human dignity.
- Subjects
CIVIL rights of people with disabilities; LEGAL reasoning; DIGNITY; BIBLIOGRAPHICAL citations; CIVIL rights
- Publication
Revista Foco (Interdisciplinary Studies Journal), 2023, Vol 16, Issue 2, p1
- ISSN
1981-223X
- Publication type
Article
- DOI
10.54751/revistafoco.v16n2-023