Os direitos fundamentais na pós-modernidade: como a sociedade que se traduz no risco e no consumo poderá tutelar direitos

Abstract

In this paper, in a cross-disciplinary approach involving sociology, economics and law, is questioned the compatibility between the Theory of Fundamental Rights and post-modernity. It is clear the decline of modernity and it is undeniable the building of the post-modern society, whose concept is still under construction, but already shows that has a fragmented structure. The post-modern society is a risk society. The production mode, the technological advances, an environmental crisis, are elements that, among others, isolated and/or joint, cause unpredictable risks. Another feature of the post-modern society is the mass consumption. The individuals, contemporaneously, are more consumers than Citizens. In this paper is questioned the effectuation of fundamentals rights in this context. It proposes that the legal phenomenon be seen under new perspective. The methodology is descriptive and cross-disciplinary.