O conteúdo essencial dos direitos fundamentais no direito comparado

Abstract

The writ to protect the essential content of fundamental rights was created with the purpose to avoid that a fundamental right could loose its essence or become without protection as a consequence of the regulatory activity of the Legislative Power. The writ was created in Germany, but today it also exists in Spain. Therefore, this article has the objective of analyzing how the writ of essential content of fundamental rights was established in both juridical systems; emphasizing their differences and similarities, as a contribution to its comprehension and possible incorporation to Brazilian law system.