Abstract

BATISTA JIMENEZ, Fernando. Does marihuana consumption contribute to our personality development?. Cuest. Const. [online]. 2022, n.46, pp.319-335.  Epub Mar 03, 2023. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2022.46.17058.

Through the ruling of the appeal 237/2014, the National Supreme Court of Justice has established that the consumption of marihuana is determined prima facie by the right to free development of personality, which is founded in human dignity. However, despite interpreting the aforementioned notion by its ontological meaning -determining it as the foundation of all human rights-, when defining the limits of this right, more than placing the emphasis on the ontological interpretation of dignity, it is equated to the exercise of individual freedom. This broad view affects the interpretation of the right to free development of personality as well as fundamental rights as a whole, which, in turn, influences its exegesis and validity.

Keywords : human dignity; human rights; fundamental rights; right to free development of personality.

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