Foreign precedent applied in Brazil: instrument for access to justice in defense of human dignity as a personality rights from the jurisprudence of the supreme federal court

Abstract

Foreign precedents as a means of grounding and enforcing justice in the protection of the human dignity of the jurisdiction, a kind of personality right, have been increasingly used by the Federal Supreme Court in its decisions. In this scenario, it is important to highlight, in the instrumental character of the principle of access to justice, the core of the principle of the dignity of the human person, since it gives rise to the defense of interests and rights of citizens. Thus, the purpose of this research is to demonstrate that, with the evolution of constitutionalism as well as the civil process, an attempt was made to overcome the obstacles to effective access to justice. For this, the use of foreign precedents to support decisions is a legitimate way of broadening interpretation and argumentation for difficult cases that arise as the development of an increasingly globalized society. This article aims to investigate this reality, based on the hypothetical-deductive method, jurisprudential and doctrinal analysis.