FUNDAMENTAL RIGHTS IN BRAZIL: A HISTORY OF INEFECTIVENESS

Abstract

It is a panoramic scientific-legal study and bibliographic research that, in front of current ethical, political and institutional commotion in Brazil, aims to explain the perception of recurrent deficit of effectiveness of fundamental rights in the country. For this purpose, it connects human rights, democracy and constitutionalism in the light of the historical process making use of the different typical argumentation methods of the legal and political theories involved. Noting the coexistence of conservation and revolution of the material conditions in mind of the ideal of universalization of rights, it also finds to be peculiar in the historical-constitutional process the relativization of political and institutional conquests, including the pluralistic Brazilian Constitution of 1988. It concludes that the enforcement of fundamental rights is a task to be completed, competing to a continuous democratic participation, today specially in jurisdictional ambit, giving life to the Constitution, reinvigorating it in its instrumental character.

Keywords

• democracia
• direitos fundamentais
• história
• jurisdição constitucional.