Author(s) Benedita Ferreira da Silva Mac Crorie
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Synopsis The book about the limits of the renunciation of fundamental rights in relations between individuals is the result of the publication of the doctoral thesis of the Centre’s researcher, Benedita Mac Crorie. This publication was supported by the Centre.
In a very general way, it is aimed to determine the limits within the holder of a fundamental right can validly dispose of it, weakening his position to another private entity.
The issue of the renunciation of fundamental rights, whether in relation to the State / citizens or in relations between individuals, is a very topical issue as it contends with a series of controversial issues that today arise and for which there is no (and probably will never exist) a single answer. It will be a “difficult case”, for example, the renunciation of privacy rights in reality shows, the renunciation of the right to physical integrity through the chemical castration of perpetrators of sexual crimes, the consent to participation in experiments or organ donation, and the renunciation of the right to life in cases of euthanasia or when living wills are admitted. These examples are reducible to the figure of renunciation and in all of them there is an interest of the holder of the fundamental right to have that right in order to take a decision that he considers relevant for the formation of his own existence.
Os limites da renúncia a direitos fundamentais nas relações entre particulares