THE EXPANSION OF FUNDAMENTAL RIGHTS AND THE ROLE OF THE JUSTICE SYSTEM IN CONTEMPORARY SOCIETY

Abstract

This article aims to analyze the impacts of the expansion of fundamental rights on the performance of the contemporary Brazilian justice system. Based on the historical and theoretical evolution of these rights, we seek to understand how the expansion of their catalog  especially with the incorporation of the so-called “new rights”, such as environmental, digital and minority rights, imposes new challenges on legal institutions. The research is justified by the need to critically evaluate the capacity of the Judiciary to enforce such rights in the face of structural, institutional and normative limitations. To this end, we adopt a qualitative, theoretical approach, with a deductive method and bibliographic review, analyzing doctrine, legislation and case law. The study is divided into three axes: the evolution of fundamental rights, the role of the Judiciary in their implementation and the limits faced for their effectiveness. We conclude that, although the justice system plays an essential role in guaranteeing these rights, its performance must be accompanied by structural reforms, inter-institutional action and social participation. The effectiveness of fundamental rights, therefore, requires a Judiciary that is accessible, efficient and sensitive to social changes, reaffirming the dignity of the human person as the core of the Democratic State of Law. Strengthening public policies and balanced judicial control are necessary paths to this achievement.