Direitos Fundamentais e a Dogmática do Bem Comum Constitucional

Abstract

This article is linked to the republican theory of fundamental rights. Its goal is to establish connections between fundamental social rights and the notion of the constitutional common good. The criticisms and justifications are grounded in a neorepublican political theory of the Constitution. The method of approach to the subject is analytical, empirical and critical. The paper starts with the analysis of legal concepts established in the normative material, to follow an empirical adequacy, based on case law, and develops argumentative criticism from various theoretical references relevant to fundamental rights.

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