A função simbólica dos direitos fundamentais

• Autor(a) principal: Moreira, Nelson Camatta
• Data de Publicação: 2007
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/1023
• topic: Direitos fundamentais; Teoria pragmático-sistêmica; Pós)modernidade; Democracia; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

In the bibliographical research carried out and in the reason-ing developed along of the text, one attempts to analyze the human rights and its correlation with the State in the pos-modernity. In this iter, it becomes vital the diagnosis around the transformations and crisis of the legal model that is still strongly sealed by the State. However, due to countless commotion suffered by this Structural Organization – that yet one keeps as the most important institution of the modernity – caused mainly by the globalization phenomenon (in its different profiles), the contemporaneous law reveals itself insufficient in the face of such complexity. This happens because the legal paradigm is still clung to an unsatisfactory reasoning, in the measure that it denies the difference and abominates the paradox. Therefore, in order to offer contributions for the construction of a more consistent right with the fast XXI century, based on the pragmatic-systemic theory, one attempts, in the subsequent article, present an observation of the human rights (fundamentals) based on this new paradigm as theoretical matrix of law. In this sense, as a privileged discussion channel of paradox in the pos-modernity, one approaches the function of the fundamentals rights, its relation with the State as well as the importance of the democracy as a mechanism for the maintenance of opening of possibilities of sense of the human rights.