The construction of fundamental rights in Brazil: between foreign Constitutions and International Law

Abstract

The similarity between the rights recognized in international human rights instruments and national constitutions is explained through dissonant positions in doctrine, fostering the goal of verification of the possible influence of these instruments on national constitutionalism. The analysis of similarity and possible influences occurred through the synchronous comparative method and denoted greater national tradition and influence of foreign constitutions than international law. This result denotes the dualism of the Brazilian legal system in the reception of international norms, evidences the theory that international human rights instruments are more the result of a global constitutionalism than a constitutional model, as well as indicates the Brazilian openness to international human rights instruments, especially after the end of the military dictatorship.