Os Direitos Fundamentais Metaindividuais como Cláusulas Pétreas. Revista Brasileira de Direito Constitucional

Abstract

: This research has addressed the metaindividuals interests, characterized as rights ased on solidarity and/or fraternity of human beings. They are classified as undamental rights and constitute the third dimension of these rights. The Democratic State of Law paradigm and the evolution of fundamental rights have been exposed as a start in understanding this study. Afterwards, it is examined whether those rights an be included in the list of entrenchment clauses in the Brazilian Constitution of 1988. This is because the constitutional text refers only to individual rights and guarantees. It is concluded that the literal expression is incompatible with the current paradigm and the evolutionary degree of the fundamental rights. Thus, they should be nderstood as fundamental rights and guarantees, afterall the social, economic and metaindividuals rights are fundamental to society and deserve the title and entrecnhment protection clause, preventing the action of the reformer government