scholarly journals Personalist Foundations of the Constitutional Principle of the Dignity of Human Person

Logos i Ethos ◽  
2021 ◽  
Vol 58 (2) ◽  
pp. 35
Author(s):  
Wojciech Wojtyła
2020 ◽  
Vol 20 (1) ◽  
pp. 25-35
Author(s):  
Romano Deluque Júnior ◽  
Cristiane Maluf Rodrigues Correia

À luz de uma reflexão jusfilosófica, a pessoa humana ascende enquanto sujeito de maior relevância para a ciência do Direito, nesse mesmo sentido, se faz relevante citar que o Direito possuiria, em todas as suas instâncias, a seguinte preocupação: de caminhar paralelamente a um verdadeiro senso de justiça, que se volte à solidariedade e ao bem comum. O presente artigo possui como objetivo fazer emergir uma reflexão ética acerca da função social dos contratos, por sua vez aqui percebida tal como um instituto norteador das relações jurídicas contratuais relacionando-a  com a questão da dignidade da pessoa humana enquanto basilar princípio constitucional. A discussão proposta decorrer-se-á de modo a defender a premissa de que a manutenção e a defesa dessa dignidade ocorreriam  dentro de uma perspectiva contratualista, a partir da observância e do respeito pelos limites impostos pela própria função social dos contratos, na figura da probidade contratual, da boa-fé objetiva, e da defesa dos interesses difusos e institucionais. Propõe-se, ainda, discutir a respeito de uma ética contratual contemporânea, que a partir dos conceitos aqui em análise, possuiria o intento de superar o ciclo histórico de individualismo exacerbado, e substituí-lo pelo ideal da coexistencialidade. Nessa nova perspectiva ter-se-á em pauta o instituto da boa-fé objetiva, através da qual a relação negocial passaria a ser vislumbrada a partir de uma ética do comum proveito, que caminharia, não obstante, à harmonia jurídico-contratual em prol da coletividade e dos interesses difusos. Palavras-chave: Função Social do Contrato. Contratos. Direito Civil. AbstractOn the  light of a jus-philosophical reflection, the human being ascends as a subject of greater relevance to the science of Law, in the same sense, it is relevant to mention that Law would have, in all its instances, the following concern: to walk in parallel to a true sense of justice, to return, to solidarity and to the common good. The purpose of this article is to make an ethical reflection about the social function of contracts, in turn perceived here as an institute guiding contractual legal relationships  regarding the issue of the dignity of the human person as a basis for constitutional principle. The proposed discussion will be carried out in such a way as to defend the premise that the maintenance and defense of this dignity would take place, from a contractual perspective, from the observance and respect for the limits imposed by the social function of the contracts themselves, figure of contractual probity, objective good faith, and defense of diffuse and institutional interests. It is also proposed to discuss a contemporary contractual ethic that, based on the concepts analyzed here, would attempt to overcome the historical cycle of exacerbated individualism and replace it with the ideal of coexistentiality. In this new perspective, the institute of objective good faith, through which the negotiating relationship would be perceived from an ethic of common advantage, would nevertheless follow the legal-contractual harmony in collective and diffuse interests. Keywords: Social Function of Contract. Contracts. Civil Law.


Author(s):  
Antonio Carlos Massabni ◽  
Oreonnilda De Souza

This research was conducted from a review of bibliographic content on Biotechnology, sustainable development, social responsibility and Industry 4.0. The goal endows the understanding of the role of Biotechnology as a science in sustainable development in this historical phase experienced by humanity, the Fourth Industrial Revolution, verifying what would be the social responsibility of Industry 4.0 in this context. Dialectical and historical methods were used to systematize the obtained data. The importance of maintaining the environmental balance through sustainable practices in the daily life of Industry 4.0 has been demonstrated to comply with the constitutional principle of the social function of property. However, in order to achieve sustainable development, the economic and social aspects, besides the environmental, must be considered. The relevance of Biotechnology in this process has been proven as a driving force for sustainable development. It is hoped with this research to mobilize the academic community and the society in the fight against environmental degradation, bringing knowledge about the role of Biotechnology in this process, in the context of Industry 4.0, and demonstrating the need for companies, professionals and governments to adapt to this new and unknown reality in order to face the problems that are already emerging, always taking into consideration the protection of human rights, especially the healthy and balanced environment, safety, life and dignity of the human person.


2017 ◽  
Vol 39 (3) ◽  
pp. 701
Author(s):  
Lígia Viana Azevedo ◽  
Daniela Rocha Teixeira Riondet- Costa ◽  
Janaina Roberta dos Santos

The importance of environmental education practices is undeniable, since they are designed to promote a healthy quality of life, according to art. 225 of the Federal Constitution, privileging the constitutional principle of the dignity of the human person, as well as encouraging the individual and the community to build social values, knowledge, skills, attitudes and skills aimed at environmental conservation. This study aimed to analyze extension and research projects focusing on the application of the Policy for Environmental Education - NPEE by federal public education institutions in two cities in the south of Minas Gerais (Itajubá and Pouso Alegre), in order to contribute to sustainable public policies. It was also necessary to investigate how the NPEE has been applied, whether this rule is effectively applicable or only empty letter of the legal order to be followed. Thus, the research had as a guiding question: are public educational institutions fulfilling the objectives of NPEE? As for the methodology, it is an exploratory research, carried out through the instruments of analysis of the documents, where the data were verified qualitatively, through analysis of content, hoping, without exhausting the subject in question, since in constant evolution, Contribute to strengthening the ways in which NPEE is applied in educational institutions.


1954 ◽  
Vol 18 (5) ◽  
pp. 384-384 ◽  
Author(s):  
Fred McKinney
Keyword(s):  

2018 ◽  
Vol 6 (2) ◽  
pp. 141-143
Author(s):  
Daniel Nuzum
Keyword(s):  

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.


2020 ◽  
Vol 10 (4(73)) ◽  
pp. 64-69
Author(s):  
A.V. Sosnin

The subject of the study establishes the nature of the legal profession, peculiarities of formation of the legal profession of the nineteenth century, and the conditions past development of the legal profession in the Russian Empire and the first steps in the reformation of jury legal profession, providing information on references to judicial representation in the oldest monuments of the Russian Empire of the XIX century. Some features of the judicial counter-reform of 1864, which served as the beginning of the emergence and appearance of the juried bar, are described. The problems worthy on the way of self-origin and improvement of legal Institute of bar, the developed aspects of the organization and work of bar in the course of its formation were revealed. The embodiment of the ancient and later foundations of independence, the legality of corporatism, self-government and equality of lawyers. The test of reconstruction of one of the first and important legal institutions of representation of judicial and source studies of the Russian Empire is carried out. The key conclusions that determined the practice of our time, state political work, which formed the basis of the judicial and legal system of the state, are established.


Undoubtedly is a technological revolution that has certainly focused on the interest of software development companies, companies of IT, hardware design, networks and artificial intelligence. A technological revolution that started a few years ago and has evolved rapidly, thanks to the technological evolution of IT and networks. It is a combination of many communication protocols, sensors and other intelligent technologies, the correlation between smart technologies, networks and services that all together complete processes in order to achieve the result for which they were installed. In advanced technology countries, both simple users and industry use IoT where sensors are simplified and automated at home and in industry, there is continuous monitoring, control and prediction of product failure for the benefit of efficient production of high quality products and control production at each stage of product processing / production. Someone could well think and say that all this is fantastic and that we have solved the problem of organization, easy life without further thoughts and worries since everything is done automatically.An IoT in an intelligent house could literally regulate everything, using sensors and appropriate software could talk with a human person, as well as someone could appropriately entice all that security and literally take full control of the premises of a home with consequences from minimal to catastrophic including the complete destruction of a home.


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