El daño al proyecto de vida y vulneración al libre desarrollo de la personalidad en los criterios judiciales nacionales

Abstract

The right to free development of personality is closely linked to the subjective of people is recognized and guaranteed by the Constitution. The personal life project is a manifestation of this freedom that the Charter recognizes. Because of this, trespass by a third state will bring a reaction aimed at restoring the free exercise of his interrupted life development. An interrupted or delayed development of personality, can bring harm to the life project. It is the duty of the state and society to protect the «life plan» of every person, to avoid damaging effect, not to hinder their development time. The 1993 Constitution precribe that «the defense of the human person and respect for human dignity are the supreme end of society and the state». Respect dignididad essentially means protecting the person as it be freedom. Thus the close conceptual link between the free development of the personality with the personal life project, is that the latter is the manifestation of the first, and we study in detail this theoretical relationship, so we can analyze in detail controversial applications and debatable that the state, through its courts made for preservation and respect. While every manifestation of freedom, and especially one that has to do with the development of personality, has an apparent relationship with the fate of our lives, ie our «life project», we conclude that our free events that allow Our free personal development, often not subject to the completion of a single project or many of them, and that much of our «destiny» is forged acts not projective, ie where not realize the existence of known or immediate purposes, it does not mean the denial of the freedom with which we develop our personalities. On the other hand, we see the limitations of the realization of these ontological notions of human beings in terms of repair within a judicial process, which does not distinguish clearly what constitutes a «life project», or under what criteria should quantify, where possible quantify suppose, the amount compensation for damage.