Algumas ponderações em torno da necessidade de limites ao alargamento dos direitos fundamentais

Abstract

The popularization of the discourse on fundamental rights and the ongoing process of enlargement / recognition to which they belong suggests the possibility of a distortion of the theoretical construct of fundamental rights, caused by an apparent loss of "fundamentality", due to the trivialization of the discourse surrounding this normative type, or even facing a certain intensification of juridical positions that involve the taken of some political decisions (jusfundamentalism). Currently, in fact, fundamental rights form the basis of the legal structure of the Democratic State of Law, whose main purpose is to meet the presumptions of dignity of the human beings. However, in the quest for greater protection of rights in general, an excessive expansion of themes relating to fundamental rights is chosen, which actually causes the opposite effect, with the destabilization of the ontological content of those rights. An example of this is the issue that involves the adoption of a amendment proposed to the Constitution No. 479- A, 2010, authored by Congressman Sebastião Bala Rocha, aiming to add to the item LXXIX art. 5 of the Brazilian Federal Constitution, to include access to high speed internet among the fundamental rights of the citizen.