THE MEANINGS OF THE RIGHT TO DEVELOPMENT IN THE 1988 FEDERAL CONSTITUTION AND THE EXPANSION OF THE PLATFORM OF FUNDAMENTAL RIGHTS

• Autor(a) principal: Tawfeiq, Reshad
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Lex Humana
• Texto Completo: https://seer.ucp.br/seer/index.php/LexHumana/article/view/2291
• topic: Direito ao desenvolvimento; Constituição; Acepções.

This article aims to extract the fundamental meanings of the right to development provided in the Federal Constitution of 1988 (CF/88). The study is justified to the extent that the right to development assumes distinct conceptions and contents in each of the national states by which it is received, with some countries not even understanding and recognizing it as a right. It is well known that the right to development at the international level - as with every positivized human right of this order - has only consecrated basic universal values, from which it is never too much to think about its legal-normative expansion, which also points in the direction of greater density in relation to the content of this right at the domestic level. The central idea of the present article is, therefore, to extract the fundamental meanings of development provided for in the Federal Constitution of 1988, so that one can understand the meanings of the right to development in the Federative Republic of Brazil, which will allow a reflection on the extension of the platform of fundamental rights. Methodologically, the present research uses the deductive approach method, starting from the theoretical premises to verify whether and how they are supported by the constitutional text and, thus, meet the objective presented, without losing sight of the critical perspective about the phenomenon studied. As for the research techniques, this is bibliographical and documental research. Although we acknowledge the delimitations of the research, focused on certain categories of the right to development extracted from the Federal Constitution of 1988, the contribution intends to offer, through the analysis, a theoretical reference for the study of the right to development in a broader and more systematic perspective, since it intends to qualify the right to development from its most fundamental meanings.