O princípio da dignidade humana como instrumento jurídico de inclusão social

Abstract

It analyzes the constitutional principle of human dignity as a legal instrument of social inclusion. It has as reference and focus of study several doctrinal works, judged by the courts, legal articles and its own professional experience with the Public Ministry of the State of Paraná. The work is built on three structural foundations. The concept of human dignity as the maximum value protected by the Brazilian legal system and, therefore, a condition for any and all interpretative acts, linking the Constitution of the Republic and all the infra-constitutional legislation. The existence of a minimum nucleus of human dignity - basic education, quality public health, social assistance to the destitute and access to Justice - in which there is a true subjective right, which can be postulated and justified by any citizen before the State, generating for this State the legal duty to positive performance. The institute of exceptional legitimacy, which gives every citizen the possibility to postulate in court, in their own name or in the name of a third party, before the State, the immediate restoration of a person's dignity; having as an application parameter the familiar figure of habeas corpus. Concrete alternatives for social inclusion and more effective enforcement of law are proposed