Future of fundamental rights: the dilemma of forecast versus protection in face of the phenomenon of populism

Abstract

The discussion about the future of fundamental rights and the dilemma between guaranteeing those already affirmed and the creation of others, serves as the theme for the present work. Initially, a historical foreshortening is made on the affirming of rights from the Magna Carta of 1215 to the current federal Constitution. The first three generations of fundamental rights are then presented and the richness and breadth of the provision of these rights in the constitutional text are demonstrated. The protection mechanisms already established are also presented. Then, numerical information is presented that demonstrate how the most basic fundamental rights are daily violated in the country. In view of the above, the need to create new generations is debated, as well as new fundamental rights that may be necessary to meet the demands arising from the rapid evolution of society. Finally, Laclau's concept of populism is presented, discussing its main aspects and constitutive elements, seeking to elucidate the factors that lead populist politicians to act, or not to act, in guaranteeing fundamental rights. Finally, it is concluded that only through education and awareness can the population be free from the enchantment of populist politicians, exercising their right to vote to choose representatives who really care about guaranteeing the dignity of the human person. The deductive method was used to prepare this article, through a bibliographic review of articles, works and information from internet.