The action for the protection of human dignity as a fundamental right from a neoconstitutional perspective

Abstract

The main objective of this article is to analyze relevant aspects of modern constitutional theory or neo-constitutionalism, focusing on those related to the guarantee of human dignity, the action of protection and the direct application of fundamental rights between and by individuals, with special attention to the concept and manifestation of human dignity, and the main controversies that all this raises. A qualitative methodology, bibliographic type, is used. The aim is to elucidate how this theory underlies the legal system and whether the implementation of the guarantee theory, together with the regulation of interrelationships between private parties, could cause an intrusion in aspects “regulated by” and “proper to” Private Law. The research was divided into seven sections in order to develop and discern the various sides of the issue. After the introduction, private law and its relationship with neo-constitutionalism and political legal guaranteeism are addressed; after this, concepts and theories related to fundamental rights are reviewed. In addition, the action of protection will be briefly analyzed, as regards the safeguarding of human dignity as seen from Constitutional and International Law. Finally, some important controversies in this regard are enunciated.