The unavailability of Fundamental Rights

• Autor(a) principal: Castellanos, Angel Rafael Mariño
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito & Paz
• Texto Completo: https://revista.unisal.br/lo/index.php/direitoepaz/article/view/1070

A lot has been discussed in the legal literature on the subject of Human Rights, however its social (in addition to political and legal) relevance makes it an inexhaustible source of reflections. This article reveals a new attempt to approach the same theme, but on this occasion it is intended to emphasize it from its unavailability to the States and Governments while reinforcing the idea that through them citizens can understand the relevance of the supreme values in the constitutional State. It follows an axiological-moral orientation, which supposes a "challenge" to the omnipresence of the regulating and controlling power of the State. Historical documents on the subject are reviewed, in addition to the mandatory (in this particular subject) doctrinal analysis. It is concluded that the nature of fundamental parameters that have Human Rights for the Constitutional State is what leads to its unavailability.