Relevance of the consciousness objection in the perception of new rights in Brazil

Abstract

This paper will be exposed based on a subject still little explored in the legal scope, namely, the conscientious objection assessed by José Carlos Buzanello as living according to his conscience, guiding his own conduct by religious, political and philosophical convictions. It follows that each human being has the right to lead his own life as "better understood", as long as it does not hurt the right of others. Although it is a topic of great importance in Brazilian constitutional law, in such a way that it has stability in fundamental rights, even in certain foreign constitutions, it is pointed out in the Brazilian one in Articles 5, item VIII, and Article 143, § 1, of the Federal Constitution, it has little perception in the legal society as well as in civil society. From this lack of knowledge, it is necessary to verify that such phenomenon has an imperative need to be carried out based on its recognition and study among law operators in an interdisciplinary way that supports situations in which the objector is able to freely manifest his freedom. To choose his position in accordance with his convictions, giving prestige to his autonomy of the will and human dignity in all professional spheres in which the right to not do may be revealed.