A concretização dos direitos humanos como elemento de conexão entre o direito natural e o direito positivo

Abstract

The realization of human rights is investigated through the prism of the symbiotic and signaling relationship that develops between Natural Law and Positive Law. In the historical-legal evolution, there is sometimes the predominance of natural law, sometimes of legal positivism, both with their merits and demerits. This is one of the most important issues of the current stage of the General Theory of Law, insofar as the referred currents serve as an axiological foundation for the recognition of fundamental rights. It is analyzed that the more hermetic current of predominance only of Natural Law or Positive Law, gradually gave way to a complementary relationship, as a corollary of strengthening the axiom of the dignity of the human person. It uses, as a methodology, research of the bibliographical type through the analysis of books, legal articles, national and international documents, legislation and jurisprudence. The research is pure and qualitative in nature, with descriptive and exploratory purposes.