Abstract

S. AVANCI, Thiago Felipe. A new paradigm for Fundamental Rights: international access of a Fundamental Right. Opin. jurid. [online]. 2013, vol.12, n.24, pp.69-85. ISSN 1692-2530.

This paper aims to propose a new perspective about Fundamental Rights. Indeed, the source of this legal institute is the Constitution itself and, precisely because of that, the traditional perspective expect a restrain of it inside the border of the territorial constitutional State's sovereignty. And that is the reason for the problematic: some of the new Fundamental Rights does not restrain itself in the State's border. Example of this new Fundamental Rights is cultural heritage, ecologically balanced environment, peace, democracy etc. How does the State shall deal with this new rights? Witch challenges the State shall confront if recognize this rights? This study shall focus on the traditional border of the Fundamental Rights, the Third Generation of it. Then, the objective is to present the new paradigm of the Fundamental Rights, the Fourth Generation and its consequent internationalized access. The main goal is to present questions, assuming the commitment of does not answer it fully.

Keywords : Fundamental Rights; Constitution; Generations; Future; Environment.

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