Immanuel Kant e o princípio da dignidade da pessoa humana na Constituição Federal de 1988: uma análise crítica da continuidade ou superação de sua influência

Abstract

The purpose of this study is to understand the role of Immanuel Kant in the theoretical foundation of the constitutional principle of human dignity and to investigate its philosophical bases for the realization of constitutional rights. In this sense, the aim of this study was to analyze how Kantian philosophy was incorporated into legal theory and reflected in constitutional provisions. To this end, it was necessary to outline a historical overview of the use of the concept of human dignity, tracing its evolution up to its incorporation into Brazil's 1988 Federal Constitution. Furthermore, the study examined the impact of Kantian philosophy on Brazilian jurisprudence, particularly in the decisions of the Supreme Federal Court (STF) concerning the protection of fundamental rights. Methodologically, the research adopted an exploratory and explanatory approach, utilizing bibliographic and documentary analyses of the concepts discussed throughout the work. The findings indicate that the adoption of Kantian philosophy as a relevant foundation of the principle of human dignity reinforces its influence on modern constitutional order while also posing challenges in adapting and interpreting Kantian concepts to meet the demands of a rapidly changing world