À Busca da Efetividade das Instituições Democráticas e dos Direitos Humanos em uma Sociedade de Mercado

Abstract

This article compose a biggest work which looks to draw the guidelines which connect democracy and human rights. One of the hypothesis we take in that article concerns on the relation between democracy and human rights. We believe that it´s put enough clear if we accept as a analytical starting point that the weakness of one of them makes weakest the another one. Efforts to makes strong any of them will assure the strengthness of the another one. In this sense, we also suppose that the assurance of the human rights supposes to act on economic, social, political and judicial spheres of society. In this way we just want to mean to search the efectiveness of democratic institutions in an open market society. How to compose so different interests which reside this society is nothing more than one of our greatest defiance in this article. One of
the engines to face it is the rawlsian concept of principle of difference which we will connect with political  legitimation of the rule of law in democratic states and the necessary conditions it suppose to support the human rights.