Democracy, judicial protection and personality rights: the rights of social minorities in the work of the Brazilian Supreme Court
The enshrinement of fundamental rights and guarantees in the 1988 Constitution had repercussions on the actions of the Judiciary due to its duty to combat (whenever provoked) any form of offense against this category of rights and guarantees. In this context, we propose to analyze the counter-majori...
| Autores: | , , |
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Recursos: | Universidade Federal de Santa Catarina (UFSC) |
| Repositorio: | Sequência (Florianópolis. Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:periodicos.ufsc.br:article/99821 |
| Acesso em linha: | https://periodicos.ufsc.br/index.php/sequencia/article/view/99821 |
| Access Level: | acceso abierto |
| Palavra-chave: | Democracia constitucional Poder Judiciário Minorias Sociais Direitos da Personalidade Constitutional democracy Judiciary Social minorities Personality rights |
| Resumo: | The enshrinement of fundamental rights and guarantees in the 1988 Constitution had repercussions on the actions of the Judiciary due to its duty to combat (whenever provoked) any form of offense against this category of rights and guarantees. In this context, we propose to analyze the counter-majoritarian and representative role of the Judiciary in relation to the rights of social minorities. The article is guided by the following questions: how does constitutional democracy relate to personality rights? Does the counter-majoritarian and representative action of the judiciary contribute to the protection of the personality rights of social minorities? The deductive approach is used and the research technique of a non-systematic bibliographic review is applied, carried out on national and foreign databases. The results show that constitutional democracy and personality rights are related, since the former is achieved through rules and procedures of state control and aims to recognize and include social minorities, and that the Judiciary, especially the Supreme Court, has contributed to protecting the personality rights of social minorities, protecting rights such as privacy, image, honor and others that are indispensable for a dignified life and the free development of the personality. |
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