A ideia de uma fundamentação comum dos direitos humanos no contexto de crises do Estado

Abstract

This dissertation aims at reflecting, within the framework of the questions about the future of the State, on the conditions of a possible constitution of another form of common authority – based on human rights – capable of politically and juridically facing the contemporary challenges, which represent cross-border problems, that is, issues that simultaneously include and transcend state geography. To that end, the research develops an interrelation between the fields of State Theory, Human Rights Theory and Philosophy of Law, with the key ideas "future of the State" and "human rights". Considering that the moment of crises of the State is determining a gap between the "no-more" state centrality and the "not yet" prospects, this study comprehends the positive potential that human rights can assume within this interregnum period, as the possibility of structuring the foundations of a global-local political-juridical community. However, while on the one hand the current centrality of human rights is noticed, on the other hand, it is possible to identify the paradoxical complexity of these rights because of the clear contrast between their broad theoretical and normative proclamation and their practical observance. In view of this context – of State crises and of such paradoxical complexity – the idea of common fundamentation of human rights is developed in order to sustain the urgency of a shared base of purposes and values (fundamentals) that orients the normative expression and the achievement of these rights, as much as it guides and directs the action while facing the contemporary challenges. In a period of lack, the predominance of the bonding of the Law to the limits of the State, even in the classic view of International Law, in addition to the absence of the cultivation of a glocally shared finalist-valuation base, leads to a political-juridical gap in the world scenario, which favors the manifestation of uncontrolled powers, to instrumentalize the State's own authority and to compromise the constitutionally assumed commitments. Reflection on common fundamentation of human rights can contribute by laying the groundwork for erecting these rights universal center of gravity, core of a global-local political-juridical community, shaping a new form of common authority.