FUNDAMENTAL RIGHTS AND GUARANTEES AND THE DIVERGENCES BETWEEN THEORY AND PRACTICE OBSERVED IN THE BRAZILIAN SCENARIO

Abstract

Constitutionally, Brazil promotes a series of fundamental rights and guarantees that were based on human rights and principles of dignity and citizenship developed over decades and that, in theory, would allow a reasonable quality of life for its population. However, the socioeconomic aspect and inequality experienced in Brazil and admittedly severe with certain social groups indicates that different social layers have these rights denied, curtailed, or violated, whether through dehumanization and propagation of the idea of ​​social “enemies”, where certain groups are seen as less deserving of rights, whether due to a prioritization of higher social classes and a concept of “good citizen” who would be morally, legally, and socially superior to “enemies”. Thus, it appears that fundamental rights and guarantees are not for everyone, and are often violated in broad daylight, with pretexts that, for a large part of the population, seem quite reasonable, but which are still abjectly anti-constitutional. Within this context, the work aims to highlight the divergences between the legal theory that guarantees fundamental rights and guarantees for the population, as constitutionally provided for, and the social and state practice that often deprives part of the population of being covered by the protection of these rights. To this end, the work promotes qualitative research, through the review of literature from jurists and specialists in order to contribute to the problem investigated. The results obtained allow us to perceive a strong discrepancy between what is constitutionally theorized about fundamental rights and guarantees, and what is offered daily to the population, especially considering the poorest population and the most vulnerable classes.