THE LANGUAGE OF SUBJECTIVE RIGHTS AND THE INDIVIDUAL FREEDOMS: BETWEEN PRIVILEGES, POWERS AND IMMUNITIES

• Autor(a) principal: Olivier, André
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Opinião Jurídica (Fortaleza)
• Texto Completo: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/3877
• topic: language; rights; subjective rights; individual freedoms; lenguaje; derechos; derechos subjetivos; libertades individuales; Filosofia do Direito; Teoria dos direitos.; linguagem; direitos; direitos subjetivos; liberdades individuais

Objective: The article addresses the language of subjective rights, having as reference the meaning of the word “rights” acquire when used in the sense of individual freedom. The question that we want to ask throughout the text is as follows: what are the meanings of the expression “rights” can acquire when used, linguistically, as an individual freedom both in ordinary language of common sense and in the perspective of specialists (legislators, magistrates, etc.) of a legal system?Methodology: To answer the proposed inquiry, it can be pointed out, based on the empirical analytical method, which describe the operating code of legal language, that the uses of the word “rights”, while individual freedoms, it which concern, basically, licke privileges, powers and immunities. Rights are linguistic terms that enhance the legal relationship and help human beings to be placed, from a certain context, in the position of holder and recipient of the right.Results: The article intends to highlight the molecular structure of the legal language according to which rights are intertwined in conglomerates of elementary rights estitched for by each other. They are basic rights, which, if funded, form increasingly complex rights and perform different functions between the pairs of a legal relationship, forcing them mutually.Contributions: The conclusion that intends to extract the final text is to highlight what comprises rights are, in fact, clusters of elementary rights that form a mosaic of rights - also called a cluster of rights. It is only an overlapping of these rights that brings legal permission and enables the formation of new rights.