Hierarquização implícita de direitos fundamentais

Abstract

The research concerns the existence os an implicit hierarchy of fundamental rights on Brazil’s juridic order, the result of the impossibily to give absolute eficacy, at the time of the promulgation of Brasil’s 88 Constitution, the entire set of fundamental rights assecured in the constitutional text. It analizes the characteristics and theelements that determine this hierarchy, as well as the main objections to its acknowledgment, in order to, in the end, determine tentatively a set of criteria of definition of this hierarchic order. It is a theme whose relevance to the constitutional hermeneutics is evident, however, to which the studies conducted by brazilian’s doctrine were few and far between.