Direito ao livre desenvolvimento da personalidade: caminhos para a proteção e promoção da pessoa humana

Abstract

After World War II, the human person came to be the center of attention within the law science, in particular because of the personalist movements that gained strength in the international arena (Universal Declaration of Human Rights) and also internally in many countries. Starting from the theoretical assumption of the ontological personalism, understanding every human being should also be considered a person, it is observed that the traditional legal concepts of person and personality do not match more with new perspectives assumed by the law and need to be revisited. The complexity and mutability of the human person requires continuous theoretical construct based on their ontological reality that is previous to the legal conception. Classically, personalism has searched to reconcile the individual dimension and the social dimension of the human person, always emphasizing freedom and responsibility in the first and intersubjectivity in the second. Observed self-determination of the person, ontologically considered, and his personality as modes of being protected by the attributes of the person (personality rights), there is the need to recognize a right which permits dynamic and evolving protection of the human person, the right to free development of personality. Utilizing the deductive method, with especial reference to legal argumentation and, in parallel, the inductive method with consideration of the jurisprudence of constitutional courts, this thesis aims to describe and analyze the characterization and recognition of the right to free development of personality in the legal system of Brazil. The specific objectives are the observation of the classic dimensions recognized by doctrine and jurisprudence on the right to free development of personality, namely: freedom and personality rights