THE EFFECTIVENESS AND INTERPRETATION OF THE PRINCIPLE OF FRATERNITY AND HUMAN DIGNITY AS A LIMITATION TO HATE SPEECH
Eduarda Fruet, Lafayette Pozzoli · Scientific Journal of Applied Social and Clinical Science · 2024
The research project aims to carry out an in-depth analysis of the principle of fraternity and human dignity, fundamental foundations for the harmony of interpersonal relationships present in Society.Its objective is to analyze and understand its origins, its developments and transformations to the present day, exposing its challenges in today's society, mainly in the legal sphere.The research included a study of the origin of the concept of human dignity and its influence, initially concluding that, mainly after the 4th century, after Christ, the conception of human dignity influenced Western culture in different ways.Furthermore, an analysis was carried out on the process of conceptualizing human dignity, which, coined for the first time by Saint Thomas Aquinas, in the reading of Melina Girardi FACHIN, and later discussed by several other philosophers such as Giovanni Pico Della Mirandola, before and during the French Revolution (an extremely important time for the conception of human dignity).After analyzing these historical moments that influenced the definition of this concept, we concluded that dignity went through several transformations until reaching its current meaning, and, furthermore, it was not just Brazil that presented transformations resulting from the wave of liberalism and prodemocracy movements.Several Constitutions were changed after the War period: Ecuador, Haiti, Panama, Dominican Republic, Peru, Venezuela, Nicaragua and Mexico were some of the several countries that underwent these transformations.However, it was not just South American countries that underwent these transformations: their constitutional regimes were also renewed, for example, France in 1946, Italy in 1947, Bulgaria in 1948 and Germany in 1949.Its reach was worldwide, and the constitutionalism present at the time was essential for the formalization of current ideals and Constitutions, especially the Brazilian Constitution.Precisely for this reason, the research sought to delve deeper into constitutionalism, seeking to understand its origins and transformations until its current conception, mainly its humanitarian and fraternal aspects.Finally, we conclude that the research helped us reflect and understand the need for the principle of fraternity and human dignity, its influence and its effects on Brazilian society.Furthermore, we conclude that the principle of fraternity sustains in society a search for ethics and global harmony.It is extremely necessary that the principle of fraternity, present in the Brazilian Constitution, be recognized effectively and taken more seriously, in order to achieve a fraternal and harmonious society.To achieve this, the collaboration of the Public Power and society is required to form a fair, fraternal community, which has the capacity to dialogue and act, with fraternity as an instrument of human development.