The EXISTENCIAL DAMAGE FROM THE CONCPETION OF HUMAN DIGNITY ON GIOVANNI PICO DELLA MIRANDOLA
This paper aims to analyze the institute of existential damage in the field of civil liability based on the notion of dignity thought by Giovanni Pico Della Mirandola. Despite the extensive temporal distance that separates the philosopher from the new conceptions of damage in Civil Law, this paper s...
| Principais autores: | , |
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| Formato: | Online |
| Idioma: | Português |
| Publicado em: |
TJDFT
2024
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| Acesso em linha: | https://revistajuridica.tjdft.jus.br/rdj/article/view/909 |
| Resumo: | This paper aims to analyze the institute of existential damage in the field of civil liability based on the notion of dignity thought by Giovanni Pico Della Mirandola. Despite the extensive temporal distance that separates the philosopher from the new conceptions of damage in Civil Law, this paper sought to establish a dialogue between Pico's freedom and the existential dimension protected by the damage to the life project. To do so, it is based on the epistemological cut of the constitutionalization of Civil Law, in which the privilege of "being" over "having" and the broad contemplation of the person as a presupposition of the legal order, sheltered by the principle - and supreme value - of the dignity of the human being, took place. To reach the final objective, the analytical category of research was existentialism, especially related to the self-determination of the human being. Furthermore, the problem presented refers to the possibility of applying existential damage in the Brazilian legal system, based on the idea of dignity constructed by Pico Della Mirandola. Finally, a qualitative approach was used as methodology, with a basic nature and exploratory objective, through bibliographical research. |
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| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v115i00.909 |