THE ROLE OF LAW OPERATORS AS HUMAN RIGHTS GUARANTEES

Abstract

Human rights are globally defended, yet ignored daily, even though they were established in the modern world through the Universal Declaration of Human Rights, which was built in the postwar period, when the attacks on the dignity of the human person surpassed all limits. acceptable. It is noted that the vast majority of the Constitutions of Western Countries have adapted, or even transcribed articles of the aforementioned Declaration, as guarantees and social rights, mainly because society was impregnated with principles and axiological content. Starting from the historical construction of the state and the fundamental principles, the dignity of the human person and their relationship with the social and economic order, it will be verified the responsibility of the state to guarantee the application of human rights, whether as an effective agent of these rights, through public policies, either as a guardian of their application, both in the vertical application and in the horizontalization of these rights, through state justice. In all instances, the State has an obligation to respect them while maintaining the order and application of legislation. However, in view of the daily violations of Fundamental Rights and Guarantees, elected by men as the guarantor of dignity, there is a need to verify the role of legal operators as guarantors of these rights, which gains relevance with the emergence of neoconstitutionalism, with the mitigation of Kelsenian positivism, and the openness to further elucidation by the interpreter of the law, whether or not to mitigate the Rights regarded as Universal. To present that the role of the Law Operators, through the Judiciary, in modern times, is to defend the Law and Justice, having as horizon the accomplishment of the social function of the laws in search of the full development of the being, respecting, consequently, and primarily human rights.