A aplicação da felicidade como um direito fundamental no Brasil

Abstract

The present work aims to analyze the importance of using the right to seek happiness as a fundamental right in Brazil, although the Federal Constitution does not alludes to this right. Based on the conceptuation of fundamental rights in general and differentiating human rights, the rights present in the Brazilian constitutional roster, both expressed and implied, are averted. In examining the history of the right to happiness comes to a concept of what is such a right. Finally, an investigation of the jurisprudential application in the Supreme Federal Court and the Superior Court of Justice is carried out. Concluding with the finding that the constitutional role of fundamental rights is not taxative, therefore, there may be the use of other rights beyond those already expressly provided.