HUMAN RIGHTS AND THE FEDERAL CONSTITUTION OF 1988: A SOCIO CULTURAL SOCIO-CULTURAL VISION BEFORE THE NATURAL AND POSITIVE RIGHT

Abstract

In the face of a scenario where the population misunderstands their rights, we advocate the importance of addressing the topic of Human Rights, aiming for an education that helps people in the future develop a more refined understanding of their rights as individuals and the laws that govern their lives and social organization. From this perspective of necessity and debate on Human Rights, recognizing that human beings have rights and duties that are often not understood, our general objective is to address the topic of Human Rights and the 1988 Federal Constitution. To achieve this, we present the following specific objectives: a) to analyze, within the 1988 Federal Constitution, the existence of the term “Human Rights” and its connection to the Universal Declaration of Human Rights; b) to debate Human Rights, including positive and natural rights in society; c) to problematize, from a historical and cultural perspective, Human Rights and the 1988 Federal Constitution. Considering our Constitution, we highlight its positivist nature, constructed based on social understanding in a given historical context, maintaining in some aspects a connection with the Universal Declaration of Human Rights and with Natural Law.