"HUMAN DUTIES" AND HUMAN RIGHTS: THE CASE OF BRAZILIAN CRIMINAL SYSTEM

This article will try to answer to the follows questions: What does it means to the Brazilian society human rights and human dignity with regard to the people who are imprisoned? What are the features of human dignity, fundamental pillar for the recognition of all human rights, in Brazil? What does human dignity means in front of prison system that daily violates human rights? On the other side, should we consider worthy a person who, outside of the prison system, is indifferent and often is condescending to the abuses perpetuated inside of the prisons? Could not be better recognize a conception of human dignity that includes not just a passive approach, but also an active approach, that see the dignity as value must be conquered? Could not be useful to recognize and develop human duties? And the first duty could be, in the case of the penitential system, the duty to react for the improvement of the system? Therefore, this article will begin to examine the tragic paradox between the International Protection of Human Rights and the Brazilian violence. Then the paper will explore the content of the concept of "human dignity". This research will analyze the historical and philosophical origin of the term dignity, particularly in Greek and Roman cultures, and the evolution of this concept in the context of Western culture, taking into account the specific contribution of Judaeo-Christian and philosophical traditions. The modern concept of human dignity has a essentially and excessive passive character. Human rights should therefore be rebalanced with an active conception of human dignity through the recognition of "Human Duties".