O Projeto Epistemológico Metaconstitucional e o Controle de Convencionalidade

Abstract

This study propose a new reading about the extent of human rights protection from the national and global systems. The issue of whether there is sufficient normative latitude in the Constitution to respond to the challenges presented by the post-modern rule of law. In fact, in the present context of human right protection, this study aims at comparing two great perspectives presented to post-modern constitutionalism, namely, the Pax Americana unilateral project and the epistemological project known as metaconstitucionalism. In the epistemic-conceptual line, the human rights regime gains universal relevance insofar as the normative force of Kantian cosmopolitan law does not derive from norms made internally by sovereign states, but rather seeks its normative source in the cosmopolitan metaconstitutional norms.

Keywords

• Human rights
• pax americana
• metaconstitucionalism