FUNDAMENTAL RIGHTS: PERSPECTIVES AND IMPLEMENTATION BY THE JUDICIARY

Abstract

The article discusses the importance of theorizing fundamental rights as an essential tool for safeguarding and applying them in practice, both on an individual and collective level. The analysis starts with concepts such as fundamentality, effectiveness, legal framework and their implications for the Judiciary. The study seeks to understand how fundamental rights radiate effects in the legal system, especially from state action.

Based on this theoretical foundation, the text explores the triple role of the state - to establish, respect and not suppress fundamental rights - and its legal repercussions. The main objective is to show how state action is directly connected to the realization of fundamental rights, demonstrating the importance of their protection and continuous development in the Brazilian legal system.

DOI: https://doi.org/10.56238/sevened2025.017-006