The basis of human rights and its relation to fundamental rights from the dialogue of garantista theory with reinvention theory of human rights

• Autor(a) principal: Cademartori, Luiz Henrique Urquhart
• Data de Publicação: 2012
• Outros Autores: Grubba, Leilane Serratine
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/23930
• topic: human rigths; fundamental rights; warranty theory; critical theory; DIREITOS HUMANOS; DIREITOS FUNDAMENTAIS; GARANTISMO; TEORIA CRÍTICA

The object of this essay is the reflection about the foundation of the human rights and their inseparable relation with the fundamental rights, in the contemporary state of right sphere. for both, it seeks to establish possible theoretical convergences between joaquín herrera flores and luigi ferrajoli. the fundamental rights analysis, from the warranty theory; and the human rights analysis, based on the critical theory of reinvention, are both a theoretical, as much as a practical 21st century challenge. this is due to the need of researching their theoretical foundation and possibilities of implementation in the praxis’ dialectic in life in society, so that the historical achievements of rights aren’t reduced to mere hegemonic-conservative rhetoric of a global order founded on inequality and exploitation. therefore, it is perceived that the constitutionalism and the rights don’t encompass achievements, but normative programs to be seek on a daily basis, such as democracy and peace. thus, it is situated the importance of studying the rights, whether they’re in national or international norms, as well as situate them in their transience and constant construction, in short, in their historicity, so that they’re actually guaranteed