O controle de constitucionalidade como mecanismo de efetivação do direito à integridade física enquanto direito da personalidade

Abstract

The present work aims to analyze the mechanism of judicial review as a method for the enforcement of personality rights. Thus, when inquiring about the subject under analysis, a study was carried out on the formation of the principle of human dignity, the constitutionalization of civil law and the consequences of the Brazilian legal order renewed by the constituent power originating in 1988. All historical apparatus was necessary to understand the structuring and foundation of personality rights, expressly provided for the first time in the Brazilian Civil Code of 2002. In this path, the national legal system, evolving all theory about the judicial review and fundamental rights, began to radiate the foundations and protections granted to public law for private relationships, resulting in the fact that the judicial review of norms was established as a method of implementing the rights of the personality. In the meantime, several decisions of the Supreme Court address issues such as the right to life, the right to one's own body, involving abortion and availability for religious beliefs, in order to grant the necessary guardhouse to protect the private rights of personalities, decisions that will have its legal and philosophical foundations addressed to elucidate the theme. Thus, the present work aims to examine the aspects of constitutional jurisdiction in the Brazilian normative system, more precisely about the realization of personality rights, describing in detail the basic concepts of the judicial review of norms, as well as the basic dictates of the personality rights. In this way, a methodological approach was chosen, focusing on the right to physical integrity as a species of personality rights. Still, it seeks to evaluate how judicial decisions, mainly those of the Supreme Court, have influenced the realization of certain fundamental rights of the personality. This work was based on bibliographical research, with a qualitative approach, in which books, articles, legal doctrines, legislation, feedback and jurisprudence were used. Finally, it appears that constitutional jurisdiction, considered broadly, needs to be used sparingly in view of the delicacy that involves the themes under study, since there are several ramifications and proposed understandings about the nature of personality rights and how these must be dealt with by the parts belonging to the Judiciary.