The privatization of human rights from the building of the post-democratic state of law in the european legal perception

• Autor(a) principal: Saldanha, Rodrigo Róger
• Data de Publicação: 2023
• Outros Autores: Alves, Fernando de Brito
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/11992
• topic: Democracy; Human rights; Political Economy; Neoliberalism; Democracia; Direitos Humanos; Economia Política; Neoliberalismo

It is research on the European legal system on the relationship of the constitutional discourse on democracy to the protection of human rights from a socioeconomic analysis of law. Thus, as main objectives, they reflect two questions: what is the relationship between the constitutional order and the emergence of economic policies in contemporary democratic societies? and how and to what extent does constitutional design contribute to economic policy in contemporary liberal democratic states? Thus, from the deductive hypothetical research method, it became necessary to understand the ideational-discursive domain of discourses, paradigms, and competing interpretations of an ideal state, where the argument is verified that socioeconomic democracies emerge because a coalition of interventions that promote the neoliberal understanding of the constitution has taken over this discursive domain of constitutional interpretation, both in the state apparatus and in the public sphere. Thus, among the main conclusions of this research, it appears that the crisis of democratic representation and its relationship with the constitutional conception represent ideational and materialistic aspects, that is, economists promote, reinforce and support interpretations and constitutional discourses that serve themselves and that reinforce the political logic of oligarchic wealth accumulation while suppressing the politics of peaceful dissent and distributive justice.