L’inviolabilità del corpo come antagonista della grundnorm. Libertà personale e forma di Stato.

The idea from which the essay starts is that personal freedom is not only an inviolable right, it is not only the most important of the inviolable rights, as a condition for the exercise of all the others (without a body there is no freedom) , but it represents a constitutive principle of the liberal state form: finally, the principle of the inviolability of the body is configured as the antagonist of the fundamental norm (grundnorm). Personal freedom is therefore analyzed not only as "freedom from arrest" but in its richest and most complex "permissive" meaning with particular attention to the entire jurisprudence of the Constitutional Court up to the most recent decisions. An articulated classification of the cases protected in different categories follows, distinguishing between the concept of "relative" inviolability and that of "absolute" inviolability.