The principle of human dignity as a limitation on the power to legislate

Abstract

This article seeks to understand the limits of the power to legislate in view of the constitutional normative scope of the principle of human dignity. Given the supremacy of the Constitution of the Federative Republic of Brazil in the Brazilian State, the principle of human dignity is in a higher hierarchy than the constituted Powers. Based on an analysis of the meaning of human dignity as a fundamental legal value and its relationship with fundamental rights, the result is that the power to legislate will have legitimacy (constitutionality) as long as the effect of its action does not violate the principle of human dignity. This need to adapt to the postulate of human dignity as a legal value is not only related to the principle of dignity itself, but also to the different fundamental rights that are inspired by human dignity as an essential value. The work, which has a qualitative character, is guided by bibliographic research in national and foreign works. This article seeks to contribute to the task of understanding the meaning and scope that can be legally inferred from the principle of human dignity as a fundamental value.