Abstract

BASSA MERCADO, JAIME  and  GONZALEZ PEREZ, ERICK. Difference as a complement to equality on fundamentals rights' protection. Theoretical elements for its consideration. Rev. Derecho Estado [online]. 2020, n.47, pp.113-143.  Epub Jan 28, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n47.04.

The present investigation reviews the political and philosophical discourse of Modernity, from a critic perspective, specially its influence on fundamental rights and their universal titularity. The authors propose the notion of difference as an epistemological complement for the modern comprehension on rights, from the material perspective that determines it exercise. This critic exploration aims to a reconstruction of fundamental rights theory, from certain materialism of difference and subalternity theory, which considers this condition in their exercise, especially guaranteeing equality among social groups whose identity configures from difference, like immigrants.

Keywords : Rights; Equality; Difference; Constitutional law philosophy; Hegemony; Subjetivation.

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