The Dialogue between Fundamental Rights and Human Rights for the creation of a Multilevel Legal System
DOI:
https://doi.org/10.4013/rechtd.2017.91.08Abstract
This article is based on the need to create a multilevel system of protection for fundamental rights to be effective. The documentary and bibliographic analytical methodology is adopted for this purpose, using as a historical cut the distinction between Fundamental Rights and Human Rights as well as other transformations occurred in the movement called constitutionalism, passing to the modern theories of neo-constitutionalism. The problem lies in the basis of fundamental rights, that is, the dignity of the human person, a foundation that guides a plurality of essential elements and a greater support for the conception of these rights, and also a principle on which the main modern constitutional systems are based. The objectives of the present research are to emphasize that the State must foster and respect the dignified existence of the human being, valuing it both in its individual dimension and in a justice context — through a dialogue that fosters the creation of another tool for the protection of Human rights and that enables to overcome the state sovereignty —, and creating jurisprudence regarding punishment for the violations of such rights.
Keywords: Fundamental Rights, Human Rights, Multilevel System.
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