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

摘要

Preserve the essential core of fundamental rights, defined as a guarantee unattainable toeach fundamental right, whose possibility of restriction is out of reach of the legislator orown interpreter in any judgment of weighting, is one of the facets of the newconstitutionalism. The achievement of social fundamental rights are assigned to theeffective enjoyment of a minimum necessary to a dignified existence, revealing, with this,the importance of developing the idea of preserving an essential core of fundamentalrights, founded on the notion of the dignity of the human person. However, thedelimitation of the essential core of fundamental rights, involves reasonable difficulty, inview of the impossibility of being simply defined by means of a fixed setting, applicableto all cases. Requires, first of all, the consideration of the peculiarities inherent in eachconcrete case for your establishment. In this way, it is believed not to be consistent toestablish 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 ofprotection of each fundamental right, are respected, minimizing the possibility ofrestrictions or limitations that might damage the principle of the dignity of the humanperson. In this sense, it is possible to establish some parameters for the identification andconsequent delimitation of the essential core of fundamental social rights, contributing tothe maximum realization of these rights, as well as to avoid unjustifiable intervention inthe regulation area of these rights.