THE CONSTITUTIONAL PROCESS AND THE FUNDAMENTAL RIGHTS PROTECTION

Abstract

This work aims to demonstrate the importance of fundamental rights as constitutionalized human rights in a Democratic State of Law. It also seeks to emphasize that the mere positivization, even under a constitutionalized version, does not give those rights direct and immediate implementation, which is why it is essential to establish basic safeguards. Distinguishing fundamental rights from basic guarantees, in fact, is one of the concerns of this work. This paper also presents the concept of a Democratic State of Law, debates issues regarding fundamental rights and guarantees and, as a logical consequence, goes along a study of the Constitutional Process and its maximum importance degree to the fundamental rights protection in a Democratic State of Law. In short, studying the Constitutional Process and the fundamental rights protection in Democratic State of Law is therefore the goal which is proposed in this research.