Parâmetros para a aproximação ao conteúdo do núcleo essencial dos direitos fundamentais sociais na perspectiva da dignidade da pessoa humana

Abstract

Preserve the essential core of fundamental rights, defined as a guarantee unattainable to each fundamental right, whose possibility of restriction is out of reach of the legislator or own interpreter in any judgment of weighting, is one of the facets of the new constitutionalism. The achievement of social fundamental rights are assigned to the effective enjoyment of a minimum necessary to a dignified existence, revealing, with this, the importance of developing the idea of preserving an essential core of fundamental rights, founded on the notion of the dignity of the human person. However, the delimitation of the essential core of fundamental rights, involves reasonable difficulty, in view of the impossibility of being simply defined by means of a fixed setting, applicable to all cases. Requires, first of all, the consideration of the peculiarities inherent in each concrete case for your establishment. In this way, it is believed not to be consistent to establish a closed content for each fundamental right, with regard to its essential nucleus, but establish a process in which the values are most relevant, contained in the area of protection of each fundamental right, are respected, minimizing the possibility of restrictions or limitations that might damage the principle of the dignity of the human person. In this sense, it is possible to establish some parameters for the identification and consequent delimitation of the essential core of fundamental social rights, contributing to the maximum realization of these rights, as well as to avoid unjustifiable intervention in the regulation area of these rights.