A era dos deveres : a necessidade de um estatuto da pessoa humana para a eficácia social dos direitos fundamentais

Abstract

The effectiveness of fundamental rights is currently undergoing on a crisis: the efforts to recognize such rights have not been accompanied by their real and effective implementation. The result is that, despite the lots of rights recognized for the members of a society that even succeeds in claiming them, but not in enjoying them adequately. The proposal of this work is, based on the use of the dialogical method, to demonstrate how the fulfilment of fundamental duties can contribute to an ever greater concretization of rights. In order to demonstrate this thesis, the defense of the need for a statute of the human person, based not only on his/her rights but also and especially on his/her duties, is developed firstly; secondly, the proposal for a statute proposes how to operationalize the relationship between the fulfilment of duties and the realization of rights in a cyclical way. The conclusion reached with such proposal is that the redemption of the category of duties can contribute to the strengthening of rights for all, surpassing the strictly individual view.