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RETRACTED ARTICLE: The fundamental rights system and its opening in the Brazilian constitutional order

Abstract

The research undertaken as a central point the study of the system of fundamental rights and its opening in the Brazilian constitutional order. The fundamental rights in constituting densification of the dignity of the human person, participate in the construction of the identity of the Constitutional State; there is a bond of implication and reciprocal dependence here; without fundamental rights there is no Constitutional State and, under such a model, fundamental rights do not find the conditions for their guarantee and fulfillment. The provision of opening clauses is far from exhausting the ways of recognizing the open character of the constitutional state’s fundamental system. The phenomenon of openness that is considered in this research is much broader and more encompassing, it brings to light the permanent need to update the jusfundamental system in favor of the dignity of the human person. The investigative itinerary is the product of critical reflection, innovative and inclined to the values of ethics, justice, morals and the dignity of the human person on which all the results achieved are based.

Keywords:
Constitutional State; fundamental rights system; dignity of human person; jusfundamental opening; humanity

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