Abstract

DE OLIVEIRA, Marcus Vinicius Xavier. ABSOLUTE RIGHTS IN THE CONTEXT OF THE INTERNATIONAL LAW OF HUMAN RIGHTS. Rev. secr. Trib. perm. revis. [online]. 2019, vol.7, n.13, pp.95-119. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a7.n13.p95.

Are there absolute human rights? Is it possible, in other words, to relativize and weigh all rights guaranteed constitutionally or internationally, so as to negatively affect the normative programs that aim, ultimately, to grant people a sphere of protection against the State? These two problems are the leitmotiv of the present work, whose main objective was to look for the refuels in an essentially legal perspective, having as a north, from a band, the postulate of the normative autonomy of the right vis-à-vis other spheres of normalization of social life, and of another gang, to attach, from the systematic and normative program of human and fundamental rights, if the rule of relativity of rights has repercussions, inter alia, on the right not to be tortured or not to be disappeared . Thus, after having delimited the discussion in the Philosophy of Law, besides discussing the absolute and / or relative nature of rights in general, the non-restricted - absolute - nature of some rights was signed in the third topic. Then, the issue of effectiveness was discussed from Luigi Ferrajoli’s theory of the sphere of indecidível. The research methods were the critical and the deductive, and the bibliographic research procedure.

Keywords : Human Rights; Philosophy of Law; Autonomy of Law; Relative Rights and Absolute Rights; Areas of Indecidible.

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