O direito de liberdade de trabalho e a dignidade da pessoa humana: um conflito inexistente – o caso do lançamento dos anões
A French citizen, with a little over a meter high, in 1991, began to exert an activity quite different, he was launched toward an air mattress for customers of the bar where he worked. However, this practice, considered the dwarf ’s work, was banned, considering it an affront to human dignity. The c...
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| Formatua: | Artikulua |
| Hizkuntza: | Portugalera |
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2015
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277350 |
| Baliabidea: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 1, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 173-184 |
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Etiketa erantsi
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| Laburpena: |
A French citizen, with a little over a meter high, in 1991, began to exert an activity quite different, he was launched toward an air mattress for customers of the bar where he worked. However, this practice, considered the dwarf ’s work, was banned, considering it an affront to human dignity. The citizen indignantly appealed claiming that he needed the job and it is not up to the State to take this right off him, i.e., his right of work freedom was being injured and no matter how degrading the activity was, he needed the job and would give up any protection by the State. Traditionally, freedom is confused with freedom of choice, i.e., the individual could do everything that was not prohibited, bringing the subjective right to a level of absolute right. However, the concepts are distant and show up clearly defined. The exer-cise of freedom will not be based on a supposed absolute character of subjective rights, but will find limits to its exercise, these limits founded on rights, freedoms and guarantees of other people who make up society. In this case, other dwarves were being harmed, their dignity was being injured with the attitudes of that one. Dignity can be understood as an integral and essential quality of the human condition, it can and should be recognized, respected, encouraged and protected or as a moral principle that human beings should be treated as an end and never as a means. Thus, there is a conflict between the freedom and dignity of work. There is, then, the principle of supremacy of dignity, functioning as an absolute right, which should never be violated. |
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