Direitos e Garantias Fundamentais (Resumo) | Direito Constitucional

Summary

This video provides an insightful overview of fundamental rights in Brazilian Constitutional Law. Cínthia Brunelli explains the difference between human rights and fundamental rights, emphasizing how fundamental rights are specifically incorporated into Brazil's legal system. She distinguishes between rights and guarantees, discusses where these rights are found in Brazilian law, and explores their key characteristics, such as universality, historicity, inalienability, and the prohibition of retrogression. The video serves as an informative resource for students of law, offering a foundation for understanding these essential rights and their role in building a just society.

Takeaways

• 😀 Fundamental rights are basic guarantees essential for dignity and participation in society.
• 😀 Human rights are broader and international, while fundamental rights are human rights formalized within a country's legal system.
• 😀 Rights are declaratory norms that define benefits, while guarantees are norms that ensure those rights are upheld.
• 😀 The Brazilian Constitution is the primary source for fundamental rights, covering individual, collective, social, nationality, and political rights.
• 😀 International human rights treaties, once ratified, can either become part of the Constitution or be recognized as supralegal norms.
• 😀 Fundamental rights are universal, meaning they belong to everyone, regardless of race, nationality, or social status.
• 😀 Fundamental rights evolve historically, adapting to new societal needs and challenges over time.
• 😀 These rights are inalienable, meaning they cannot be transferred or sold to others.
• 😀 Fundamental rights are irrelinquishable, meaning you cannot voluntarily renounce them, even if you choose not to exercise them.
• 😀 These rights are imprescriptible, meaning they do not expire over time, no matter how long they go unused.
• 😀 Rights cannot be rolled back or taken away once they are granted, ensuring progress rather than regression in human rights protections.

Q & A

What are fundamental rights?

Fundamental rights are basic guarantees for every individual, essential for a dignified life and full participation in society. They are inherent rights that belong to all humans.

What is the difference between human rights and fundamental rights?

Human rights are broader and international, while fundamental rights are human rights that have been formalized and written into a nation's legal system, such as Brazil's constitution.

How are fundamental rights ensured in the legal system?

Fundamental rights are protected through both rights and guarantees. Rights are declaratory laws outlining what a person is entitled to, while guarantees are laws that secure or enforce those rights.

Can you explain the difference between 'rights' and 'guarantees' in fundamental rights?

Rights are declaratory norms that state what benefits or entitlements a person has, such as the right to life. Guarantees are norms that ensure these rights are upheld, such as habeas corpus for the right to freedom of movement.

Where can we find fundamental rights in Brazilian law?

Fundamental rights in Brazil are primarily found in the Constitution. Articles 5 to 11 cover individual and collective rights, while articles 12 and 14-15 address political rights, among others.

How do international treaties impact fundamental rights in Brazil?

International treaties ratified by Brazil can have the force of law, but those related to human rights can gain constitutional status if approved by Congress through a constitutional amendment procedure.

What is the status of international human rights treaties in Brazilian law?

If an international human rights treaty is approved through the constitutional amendment procedure (with a 3/5 majority in both houses), it becomes part of the Brazilian Constitution. Otherwise, it holds a supra-legal status, ranking above regular laws but below the Constitution.

What are some key characteristics of fundamental rights?

Key characteristics include universality (applicable to all individuals), historicity (evolved over time), inalienability (cannot be transferred), irreducibility (cannot be renounced), and imprescriptibility (do not expire).

What does 'irrenunciability' mean in the context of fundamental rights?

Irrenunciability means that individuals cannot voluntarily renounce their fundamental rights. Even if someone chooses not to exercise a right, it remains protected.

What does 'retrocession prohibition' mean regarding fundamental rights?

Retrocession prohibition means that fundamental rights cannot be rolled back or diminished once they are established. These rights must always progress and improve, ensuring individuals' rights are not taken away.