A CONTRADICTORY RELATIONSHIP BETWEEN HUMAN RIGHTS AND PUBLIC POLICIES

Authors

• Luís Guilherme Nascimento de Araujo
• Clovis Gorczevski

Abstract

This study proposes the existence of a tension between the core concept of public policies and the current dominant grounding of human and fundamental rights. This tension arises from the distance between the formalism, individualism and abstraction of today's foundations of human and fundamental rights and public policies as instruments of social transformation aimed at the realization of fundamental rights, especially social rights. The hypothesis is that the greatest potential of public policies conflicts significantly with individualist and formalist conceptions of human and fundamental rights. The methodology adopted was a dialectical approach, an analytical procedure and a bibliographical research technique.