TRANSCONSTITUTIONALISM AS A PARADIGM FOR THE PROMOTION OF FUNDAMENTAL RIGHTS AND GUARANTEES

Abstract

The general objective of this article is to assess the effectiveness of transconstitutionalism as a promoter of fundamental rights and guarantees. This is a bibliographic review with a qualitative approach, in which the articles, dissertations and theses consulted in the construction of the text were taken from the following digital repositories: Scielo, BDTD, OasisBR and Capes periodicals. In view of the transformations imposed by legal globalization, the transconstitutional paradigm has proven necessary to guarantee the material protection of fundamental rights in a fragmented system of normative orders. By articulating interpretative cooperation and regulatory mechanisms for dissenting decisions, transconstitutionalism consolidates an operative constitutional pluralism that, at the same time, respects the sovereignty of States and increases the real effectiveness of fundamental guarantees. In this way, the method transcends simple persuasive dialogue, establishing a self-revising normative framework capable of responding to crises in the protection of human rights in multicultural and multilateral scenarios. The conclusion reached is that, without this instrument, both the immediate applicability of constitutional norms and the cohesion necessary to promote the integration of fundamental rights would remain ineffective.