Human Dignity in Brazilian Law: A Founding Principle of Laws and Court Judgements

Abstract

Following the democratization of Brazil, the country’s legal system evolved towards that of a Romano-Germanic one, with its adoption of the 1988 Constitution. The new Constitution raised the principle of the dignity of the human person to the rank of a “pillar”, on which rest other fundamental rights, ones that serve as guidelines for the interpretation and application of the law. After its incorporation into legislative and regulatory texts, the principle of dignity aims to strengthen or supplant gradually the rights already in existence. In the context of legal issues related to biomedicine, this principle has a prominent place. Before discussing its application within biomedical legal contexts, it is important to recognize its widespread significance and legal applications within case law, in general. In order to demonstrate the applications and significance of this principle in Brazilian law, it is important to note its legal recognition by the law and by case law (1), before focusing on the specific application of this principle in relation to biomedical practices (2).