CONTEMPORARY LIMITS TO THE CONSTRUCTION OF THE LEGAL SYSTEM BASED ON HUMANS RIGHTS PROTECTION

Abstract

The article explores the problem of the limits to the construction of legal systems based on the current conception of human rights. Is questioned the possibility, or efficiency, of ordering society contemporaneously from the focus on universal rights. It is proposed to analyze the historical evolution of human rights not as simples expansions of freedom, but as a process of internalization of revolutionary impulses by the State, with the consequence of generating the obligation, for the State itself, to balance inalienable rights, arising the problem of the necessity and legitimacy of the judicial review. It is also presented the international expansion of human rights, as a factor that intensifies the internal tensions in the legal order. It is concluded that there is a fragmentation of the legal order, due to the expanded list of fundamental rights, which denatures constitutionalism.