The realization of fundamental rights in light of Canotilho and Alexy

Abstract

This academic article investigates how the scholarship of Portuguese jurist José Joaquim Gomes Canotilho and German jurist Robert Alexy can contribute to the realization of the fundamental rights enshrined in the current Constitution of the Federative Republic of Brazil. Although fundamental rights are codified in the Constitution, their actual realization depends on the interpretation and application by legal practitioners; hence the importance of the contributions made by both authors, as they address similar constitutional challenges in their respective countries. The first part characterizes the codification of fundamental rights in the current Brazilian Constitution. The second part examines the relationship between this subject and the democratic principle developed by Canotilho. The third part addresses Alexy’s theory of fundamental rights. The study concludes by adapting the key ideas of both authors to the Brazilian context, aiming to contribute to the realization of fundamental rights within the country. This research is justified by the contemporary importance of the topic, particularly the need to ensure the actual realization of fundamental rights. The study employed the inductive method and relied on bibliographic and documentary research.