HUMAN RIGHTS AND FUNDAMENTAL RIGHTS: A COMPARATIVE AND EVOLUTIVE ANALYSIS

Abstract

The article in question focuses on fundamental rights and human rights, addressing their historical, philosophical, conceptual and legal aspects. Objective: to explore the convergences and divergences between fundamental rights and human rights, investigating their historical origins, philosophical foundations, dimensions and the relationship with the national and international legal system. Methodology: The study consists of a review of the literature related to the aforementioned theme. The article used Google Scholar databases, scientific articles and official websites as research sources. Discussions: to establish the distinction between “Human Rights” and “Fundamental Rights”, as these two expressions are commonly considered synonymous. However, although fundamental rights and human rights have essentially similar contents, the difference lies in the level at which they are enshrined. Result: The study made it possible to conclude that the distinction between Human Rights and Fundamental Rights is not found in their essence, as both share the primary objective of ensuring the rights inherent to human dignity. The crucial difference lies in the normative source that establishes them. In other words, what distinguishes them is where the norm that guarantees them is located.