Dignidade da pessoa humana e o transconstitucionalismo na homologação de decisões estrangeiras pelo Superior Tribunal de Justiça

Abstract

This article examines the centrality of human dignity as a limiting and guiding principle in the recognition of foreign judgments by the Brazilian Superior Court of Justice (STJ),

in light of the theory of transconstitutionalism developed by Marcelo Neves. The problem arises from the inevitable encounter between distinct legal orders in a context of

growing judicial globalization: when the STJ is called upon to grant effect to a judgment rendered in another country, it does not perform a merely formal act, but exercises an

axiological compatibility judgment between normative systems that may hold very different understandings of what is just, legitimate and human. To address this tension,

the article draws on the conceptual triad developed by Luís Roberto Barroso intrinsic value, autonomy and communitarian value as the minimum and non-negotiable content of human dignity, and on Neves' transconstitutional model as the theoretical framework that explains why dialogue between legal systems, without being hierarchical, requires

axiological anchoring points capable of withstanding the pressure of normative diversity. The methodology is qualitative, deductive and bibliographic-documental, with

analysis of STJ case law in foreign judgment proceedings. It is concluded that human dignity operates as a clause of constitutional resistance, limiting the effect of foreign decisions that, although valid in their original order, violate the essential core of the fundamental rights enshrined in the 1988 Constitution.