THE DIGNITY PRINCIPLE OF THE HUMAN PERSON AND THE RIGHT TO EDUCATION: AN ANALYSIS FROM THE RISK SOCIETY VIEW

Abstract

This study analyses the practical challenges that the principle of the dignity of the human person encounters in Ulrich Beck’s risk society, as well as the need for the emergence of a new ethics capable of directing human actions which consequences extrapolate the usual and simultaneous notions of time and space. In the form of a synthetic example, we intend to think about the Right to Education in the face of Beck's theory, with dialogues with Hannah Arendt and José Sérgio Fonseca de Carvalho. Moreover, this research verifies that the effectiveness of human rights is subject to several obstacles, such as: the absence of effective international protection, the presence of vague criteria regarding the conflict resolution between non absolute fundamental rights and the need of specification of existing human rights. The methodology used has a basic nature, comprehending a qualitative and dialectical approach, with explanatory purpose and bibliographic, documental, historical and observational procedure. The research result shows that the addressed issue can only be solved by a transdisciplinary response, supported by Edgar Morin’s complexity paradigm, besides highlighting the need for a greater participation of States in international organizations. Lastly, the research also pointed that the criteria built by neoconstitucionalism can serve as a bases for the resolution regarding conflicts between non-absolute fundamental rights.