Revista de Constitucionalização do Direito Brasileiro (Dec 2018)

The influence of human rights rules in the Brazilian Federal Constitution of 1988

  • Débora Alécio,
  • Zulmar Antonio Fachin

Journal volume & issue
Vol. 1, no. 1
pp. 1 – 19

Abstract

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The present research aims to discuss the influence of human rights norms and achievements, throughout history, in Brazilian constitutional norms. The right is characterized as an instrument of justice, which was a constant change in the face of multiculturalism among peoples, requiring the union of states for a common good. It is intended to make a historical and current analysis of the normative achievements in the international orbit inserted in the Brazilian constitutional body, based on the historical affirmation of human rights and the protection of social rights. Thus, it is observed that the Federal Constitution of 1988 corresponds in large part to the principles and values of several international conventions and treaties, whose basis permeates the dignity of the human person and the basic precepts of the French Revolution, such as freedom, equality and fraternity. For the accomplishment of the research, the descriptive methodology was used through the theoretical-bibliographic method, with collections of data realized in sites of academic search, virtual and physical libraries and current legislations.

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