DIREITOS HUMANOS COMO GARANTIA DE EXERCÍCIO DA CIDADANIA: UMA REFLEXÃO À LUZ DO DIREITO BRASILEIRO

Abstract

The aim of this work is to study the reception of Human Rights in the 1988 Constitution of the Federative Republic of Brazil. It seeks to prove that Human Rights, inasmuch as they are received by Internal Law, are Fundamental Rights and only guarantee Citizenship if they are effective. This study begins by outlining the origin and development of Human Rights, recording the process of historical affirmation of the generations of rights, until the political and legal affirmation of Human Rights was finally outlined in the Democratic State of Law. Next, it focuses on the category Citizenship, witnessing its growing development in the identity of the proposals between Internal Law and International law, to become the first reference in the whole process of internationalization of Human Rights. It then presents the issue of the reception of Human Rights by the national States, as well as the way in which the 1988 Brazilian Constitution relates to the international instruments for the protection of Human Rights ratified by the Brazilian State. Finally, it analyzes the discussion of the effectiveness of Human Rights in the Brazilian legal system, as well as the Guarantees of Fundamental Rights as legal instruments which enable the exercise of Citizenship.