DIREITO A FELICIDADE COMO PRINCÍPIO NORTEADOR MÁXIMO DA FUNÇÃO DO ESTADO

Desnecessidade de Emenda Constitucional para a configuração de direito

Abstract

The man is a social being, so the life in society is natural and necessary, but the man is equally complex and conflicting, what results in society´s conflitcts, then the necessity of a politic force, the state, capable of controling the human´s actions with the intuition to enable the common life in society, in other words, to the man not be the wolf of the man. The Estate finds argument in the common life´s garanties and consequently the citizen´s lifes, but happens that in modern times just survive isn´t enough, it´s necessary conditions to a good and happy life. So, it´s a state function to colaborate with the individual, as far as possible, to the people be happy, once no ones lifes to be sad, or at least hopes to haven´t injurious obstacles to the hapiness. In this way, the autor proposes that in respect of the own purpose of existence the State has to see the man not only as a taxpayer but as human being owner of rights e capable of having wills of it´s own particular life. Thus, it will be argumented that that the State´s function need to be the hapiness as a maximum fundamental principle, in this way the judicial power and the publical administration needs to interpretate how the state´s action, or its omission impacts the hapiness of the people. Lastly, that the happiness is inclued in the human dignity, and it is not needed a constitucinal modification because the happines is already in the Constitucion.