The Constitutional Principles of Human Dignity, Freedom and Equality as Fundaments of Horizontal Efficacy of The Fundamental Rights

Abstract

This paper aims to examine the constitutional principles of freedom and equality as fundaments of the efficacy of the human dignity. As a method, it uses the literature and Brazilian contemporary constitutional doctrine review. It also aims to study their correlations and relevance for the fundamental rights study. For that purpose, it shows the historical construction of the concept of human dignity, finding the points of intersection between human dignity, freedom and equality, and in a synthetic way to reach the contemporary conception of dignity as the foundation of human rights. The problem here is treated from the perspective of contemporary law, especially in its constitutional meaning, demonstrating that the constitutional principles of freedom and equality are the foundations for human dignity and for the effectiveness of fundamental rights in relations between the state and individuals, as it should also be in the relations between individuals or a horizontal effect.