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RESEARCH LINES

por Leonardo Oliveira de Almeida publicado 08/05/2018 18h28, última modificação 08/05/2018 18h29

Protection of Collective and Diffuse Fundamental Rights in Contemporaneity

Fundamental rights, in the contemporary world, are linked to the contents recognized as human rights. However, the preponderant understanding is one that treats human rights as a legacy of jusnaturalism, which once subordinated to Positive Law has received great attention from social constitutionalism. The present challenge, therefore, is to clothe such institutes with broad content and achieve full effectiveness without being lost in total subjectivity. In order to do so, it is necessary to be clear that it is in the Democratic State of Law that it has the role of guarantor of these rights, in which the foundations and epistemology of collective and diffuse fundamental rights are found in any of its meanings, environment, labor relations , The integration of markets, international relations, in a society based on permanent principles of struggle and dialectical transaction, prevailing in contemporary society.

 

Rationale of Collective and Diffuse Rights

In the nineteenth century, the Constitutional State established itself as a Liberal State of Law, based on abstract individual rights, without interventionism in the economic and social order. In the twentieth century, the ineffectiveness of these rights resulted in the interventionist Social State of Law, practicing economic, social and cultural rights, but still relatively individualistic. What generated the need to expand these rights in order to protect collectively increasingly social categories, until reaching collective and diffuse rights, reaching society in macro-categories as well as the whole. Thus, on the threshold of the 21st century, collective and diffuse rights expand and are justified by the need of all society, starting with the State itself, to plan the Constitutional State as a Social and Democratic State of Law.