Navegando por Assunto "Dignidade da pessoa humana"

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Acesso aberto (Open Access)
Os conceitos de trabalho escravo contemporâneo na jurisprudência brasileira e na corte interamericana de direitos humanos: a busca da maior proteção ao trabalhador
(Universidade Federal do Pará, 2018-07-05) HENRIQUES, Camila Franco; PAMPLONA, Danielle Anne; http://lattes.cnpq.br/1891159099589161; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
The general objective of this research is to verify which of the concepts of contemporary slave labor best harmonizes with the pro homine principle. The chosen concepts were the used in Brazil and in the Inter-American System of Human Rights, based on the parameters used by the Inter-American Court of Human Rights in the Brazil Green Farmer’s Workers’ case. This is because slavery has been a social practice since antiquity, but despite all legislative and political developments to face it, this violation perpetuates itself, making urgent to seek new mechanisms to improve this combat. With the current legal logic between the national and international orders it is necessary that in the existence of two (or more) norms or interpretations, jurists identify which one of them best protects the human being, considering that after the Second World War, the dignity of the human person was adopted as the basic legal principle, culminating in a system in which the man is its central element. Therefore, the parameters for the comparison of the concepts used were taken from the principle of dignity. The present work is written in the form of a dissertation and used qualitative dialectic research based on national and international bibliographical and jurisprudential sources. The results showed that, based on the set of parameters proposed in this paper, the interpretation and application of the concept of contemporary slavery of the Inter- American Court of Human Rights should be used as a precedent. However, the best result for the protection of the individual is through the dialogue between the Brazilian and the Inter-American orders.
Acesso aberto (Open Access)
Pessoa com deficiência e sua inclusão na instrução escolar
(Centro Universitário UNIFAFIBE, 2020-04) RODRIGUES, Denis Leite
This article aims to analyze school inclusion as a recognized prerogative for people with disabilities in general, and those with autistic spectrum disorder - ASD in particular. To this end, there are initially considerations concerning the principle of the dignity of the human being, an institute that is expressly provided for in the Brazilian Constitution (article 1, caput and item III), as one of the foundations of the Federative Republic of Brazil, and thus it ends up basing the whole homeland legal order. In the following, it will focus on the international and Brazilian legislation related to this theme, culminating with the advent of the Brazilian Inclusion Law (or Statute of the Disabled People), which will try to identify the gradual evolution of the concept of school inclusion and the extent to which the issue of international norms was decisive for the emergence of relevant Brazilian law. The research for the writing of this article was conducted through consultation with legislative and doctrinal sources, and, whenever appropriate, reference to jurisprudential considerations, as a way of reinforcing legal and doctrinal arguments. It may be concluded at the end of the foregoing considerations that, despite the generally unfortunate slowness difficulty of fully implementing the normative commandments concerning this range of prerogatives concerning persons with disabilities, there is a remarkable normative evolution, linked to this rights area.