FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZIL
This essay proposes a new theoretical model directed towards the observation of fundamental rights present in the Constitutions of peripheral States. Parting from a critical revision of classic perspectives oriented by the dogmatic affirmation of fundamental rights and the institutional tradition de...
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| Format: | Article |
| Language: | English |
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Publshing House V.Ема
2018-12-01
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| Series: | BRICS Law Journal |
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| Online Access: | https://www.bricslawjournal.com/jour/article/view/194 |
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| author | Wálber Araujo Carneiro |
| author_facet | Wálber Araujo Carneiro |
| author_sort | Wálber Araujo Carneiro |
| collection | DOAJ |
| description | This essay proposes a new theoretical model directed towards the observation of fundamental rights present in the Constitutions of peripheral States. Parting from a critical revision of classic perspectives oriented by the dogmatic affirmation of fundamental rights and the institutional tradition derived from sociological observation, these rights perform a dual function. They are responsible for the structuring of normative expectations and, at the same time, they construct internal dogmatic limits within the system. Through the contributions of phenomenology and social systems theory, this model suggests autonomous spheres of fundamentality in contrast to the classical unity of fundamental rights. Furthermore, the balancing schemes are substituted for an internal “law of collision.” Conflict resolution undergoes a shift from the traditional method to the system’s reflexive pragmatics, contributing to the legal security and the democratic legitimacy of judicial review. Finally, it verifies how this theory could be applied to the advent of the Zika virus which affected Brazil from 2015 to 2017. As the Zika virus crisis involves different spheres of fundamentality, entailing a range of systems of law and therefore revealing different collision patterns, this essay demonstrates how this new approach could contribute to the control of solutions. |
| format | Article |
| id | doaj-art-34d1c24b47c8428db2c563aa5a8f46cf |
| institution | Matheson Library |
| issn | 2409-9058 2412-2343 |
| language | English |
| publishDate | 2018-12-01 |
| publisher | Publshing House V.Ема |
| record_format | Article |
| series | BRICS Law Journal |
| spelling | doaj-art-34d1c24b47c8428db2c563aa5a8f46cf2025-08-04T13:12:10ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432018-12-0154618910.21684/2412-2343-2018-5-4-61-89118FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZILWálber Araujo Carneiro0Federal University of Bahia.This essay proposes a new theoretical model directed towards the observation of fundamental rights present in the Constitutions of peripheral States. Parting from a critical revision of classic perspectives oriented by the dogmatic affirmation of fundamental rights and the institutional tradition derived from sociological observation, these rights perform a dual function. They are responsible for the structuring of normative expectations and, at the same time, they construct internal dogmatic limits within the system. Through the contributions of phenomenology and social systems theory, this model suggests autonomous spheres of fundamentality in contrast to the classical unity of fundamental rights. Furthermore, the balancing schemes are substituted for an internal “law of collision.” Conflict resolution undergoes a shift from the traditional method to the system’s reflexive pragmatics, contributing to the legal security and the democratic legitimacy of judicial review. Finally, it verifies how this theory could be applied to the advent of the Zika virus which affected Brazil from 2015 to 2017. As the Zika virus crisis involves different spheres of fundamentality, entailing a range of systems of law and therefore revealing different collision patterns, this essay demonstrates how this new approach could contribute to the control of solutions.https://www.bricslawjournal.com/jour/article/view/194fundamental rightsconstitutional lawbalancesystems theoryzika virus |
| spellingShingle | Wálber Araujo Carneiro FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZIL BRICS Law Journal fundamental rights constitutional law balance systems theory zika virus |
| title | FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZIL |
| title_full | FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZIL |
| title_fullStr | FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZIL |
| title_full_unstemmed | FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZIL |
| title_short | FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZIL |
| title_sort | fundamental rights of peripheral constitutions a new theoretical approach and the zika virus in brazil |
| topic | fundamental rights constitutional law balance systems theory zika virus |
| url | https://www.bricslawjournal.com/jour/article/view/194 |
| work_keys_str_mv | AT walberaraujocarneiro fundamentalrightsofperipheralconstitutionsanewtheoreticalapproachandthezikavirusinbrazil |