A universalidade dos direitos humanos entre o interculturalismo e o transconstitucionalismo.

Abstract

The main objective of this work is to understand the process of universalization of human rights between interculturalism and transconstitutionalism, as well as proposes the approach on the concepts of universalism, cultural relativism of human rights, interculturalism and the transconstitutional dialogue, with the intention of demonstrating as this analysis contributes with new perspectives to the field of legal science. To do so, we sought to examine the ideals defended by universalists and relativists, exposing the main criticisms made to both currents. It then considers interculturalism as a proposal for intercultural dialogue, which arises with the aim of reconciling the universalists and relativists. In addition, he presents the thesis defended by Professor Marcelo Neves, which is the proposal of the transconstitutionalism that seeks to solve the various problems that arise between the various legal orders, through the intertwining of ideas. The work demonstrates, through bibliographical research, the cultural fragmentation of the global society and the consequent divergence of interpretations conferred on human rights, the importance of the transconstitutional dialogue for the Right, being a tool that allows the exchange of constitutional experiences in the modern society.