El concepto de persona en la jurisprudencia del Tribunal Constitucional

Resumo

Person is a concept used in many texts of political nature, as well as in the declarations of rights and international treaties drafted after the World War II. Itis recognized as the sui iuris. However, despite this presence of the term, its conceptualization contains opposing and even irreconcilable purports.The Spanish Constitution is construed by the Constitutional Court (cf. Article1 LOTC). Both the Constitution and the interpretation of the Constitutionare binding upon the canons of construction and the enforcement of Statutes and Regulations by Judges and Courts (cf. Article 5 LOPJ). Therefore, the concept of person in the decisions of the Constitutional Court determines the reading of theterm for the whole legal system. We seek to determine the concept of person through the systematic study of the sections of normative foundation in the decisions of the Constitutional Court.The aim is to answer three questions: what is person? Who is a person? And whyis the person expressed as rights holder? The four-chapter-study is divided into two parts.The first part: analytical. It has been split up into two chapters, in order to study the decisions of the Constitutional Court.The first chapter deals with the Constitution. We seek to delimit the relevant articles for our study. Once analysed the text, 28 terms of specific relevance were singled out: person, personal, personality, human, individual, all, nobody, citizen, male, security, man, woman, physical, natural, legal, dignity, inviolable, right, duty, life, integrity, liberty, honour, guardianship, education, marriage, family, and equality...