DOCTRINAL AND JURISPRUDENTIAL ANALYSIS OF THE CONSTITUTIONALIZATION OF INTELLECTUAL PROPERTY RIGHTS

Abstract

In the last century, human dignity became a principle recognized in the Constitution of different States and in international treaties, after the promulgation of the Universal Declaration of Human Rights (1948), reinforced by the International Covenant on Economic, Social and Cultural Rights ( ICESCR) (1976). These facts gave relevance to the theme and drew attention to the emergence, implications and foundation of human rights. The problem examined in this article is the contribution of Miguel Reale's legal theory to these questions. Reale's three-dimensional philosophy of Law is juxtaposed to the recognition that the construction of human rights is a historical process initiated in ancient Rome. This process gained consistency with studies of the person during the Middle Ages. At that time, there was still a hierarchical view of dignity, which came from ancient Rome and lasted until the emergence of the liberal state. If dignity initially depended on the status or position of the individual, it gradually extended to all men. Reale's theory explains how this process took place, having as a background the characterization of values ​​as a cultural object of its own, with a historical character. In this axiology, the human person is the most important value and source of all others, just what the UN document recognizes.