Acessibilidade / Reportar erro

Pro persona: grounds and meaning of the legal primacy of humanity

Abstract

With the recognition of human rights, the rule of law is committed to guide the practice that legitimizes its existence towards the protection of the fundamental interests of every human being. The pro person principle is a prominent piece in this new historical stage of the rule of law, since its application has the potential to lead legal practice towards the achievement of substantive values. Considering the above, the central issue that this article seeks to understand points to the meaning and scope of the pro persona principle based on the following question: where is the radical and objective justification of its validity?

Keywords:
Human rights; pro personae principle; theory of justice; legal rationality; philosophical anthropology

Universidade Federal do Paraná Praça Santos Andrade, n. 50, 3º andar, CEP: 80.020-300, Curitiba, Paraná. Brasil, Tel.: +55 41 3352-0716 - Curitiba - PR - Brazil
E-mail: revista@ninc.com.br