Diálogo entre a dignidade humana e o bem viver nas constituições ocidentais : análise de caso sob o prisma dos sistemas de justiça comum e indígena

Abstract

This paper discusses the dialogue between human dignity and the good life in Western constitutions - case analysis from the perspective of ordinary and indigenous justice systems. Sought to analyze briefly on the rise and the history of Western constitutionalism, the emergence of neoconstitutionalism and the current constitutionalism Latin American, to then expose and analyze specific cases, and finally, with the fulcrum in a particular case discuss human dignity in comparison with the good life, in different constitutional environments. Such a comparison, however, does not have the power to set tight parameters of dignities or well you live, but to demonstrate the need for a constant dialogue between the basic premises of each people, their traditions, their traditional knowledge and their cultures, including respect its laws and sanctions, revealing the factual and legal impossibility to accommodate, if not impose, so many differences in the same legal system, and therefore vital knowledge and mutual respect between the present generations about their differences.