O problema da efetivação dos direitos humanos: uma análise à luz da teoria da justiça como equidade de John Rawls

Abstract

The reiterated violations to human rights rules occurred in the XXI century indicate the valorization of these rights in the international sphere has not implicated their effective observance in the whole world. Discussing the challenges that must be overcome so that human rights be effective consists, therefore, in a fundamental step in order to avoid their rules´ support don´t be more than a mere rhetorical device. Based on that, this work intends to analyze, under the perspective of John Rawls´ “justice as fairness” theory, the questions related to the feasibility of an international human rights jurisdiction, the cultural pluralism and the foundation of these rights, demonstrating how that paradigm offers contributions to the solution or reduction of those problems.