Abstract

VIGO, Rodolfo Luis. Human rights and the judicial activity regarding interpretation: warnings and requirements. Díkaion [online]. 2022, vol.31, n.2, e3121.  Epub Aug 11, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.2.1.

This article aims to identify nineteen different consequences that involves the operative recognition of human rights in judicial culture, particularly in the judicial interpretation or application among jurists. This nineteenth-century matrix functional to the Rule of Law reveals problems which are difficult to overcome when already in times of the Constitutional Rule of Law human rights are effectively enshrined and, in addition, are proposed fundamentally non-positive legal theories that design a renewed conceptual apparatus that supports and strengthens them. This sets up a new agenda for jurists that needs to be addressed to avoid an ideological, irrational, or inappropriate use of the law.

Keywords : Human rights; positivism; non-positivism; interpretation; argumentative reasoning.

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