The legal nature of the human dignity: a compared analysis of the jurisprudence of the Spaniard Constitutional court and the German constitutional court

Abstract

The meaning of respect for the human person and that dignity has acquired special relevance on the last years, more concretely, since the development of the post war constitutionalism, from which began to take shape history of the admission and protection and respect of the civil rights and human dignity. Today, the contemporary constitutions don’t only guarantees the respect of the dignity, but also, constitute the base of the Estates legal system. However, the undeniable importance of the dignity, its limitation and the juridical scope has been converted in a constant problem that has generated multiples doctrinaire discussions. Precisely, one of the biggest juridical problems revolves around of the consideration how of fundamental right or like a Constitutional Principe. The comparative law shows different positions in this respect. This way, meanwhile in Spain denies the nature of civil right to the human dignity; opposites happens in Germany, the Federal Constitutional Tribunal has been built a constant doctrine it attaches to the human dignity the true nature of a civil right.In the present paper, that corresponds to the thesis of grade of the author, pretends a analysis of the principal fundaments that has been given to the that tribunals to adopt this postures, then makes a comparative study with the Peruvian constitutionalism to demystify the true nature in this legal system.