O reconhecimento dos direitos humanos pelo Estado e pela sociedade civil no estado policialesco: os direitos humanos como direito de criminoso

Abstract

Human rights are and always will be an issue which awakens several discussions and ponderations. Its greatest challenge is a general applicability, abstract and impersonal by the State, as it possesses its own ideology and is, usually, at service for those who hold economical and ideological power. Therefore, in an uneven, prejudiced society which is capable of differentiating a person from a human being, human rights have many symbols. Nowadays, human rights are being questioned about being actually criminals’ rights. This way, it will be considered the origin of State, the creation of the police state or state of exception, as well as the view of human rights in a Marxist perspective and, as the State creates and punishes its enemies, who are currently criminals and if they are the actual addressees of human rights. Once delimited the research line, the current dissertation will promote a bibliographic and documental research, going through normative sources, jurisprudences and doctrinaires, which will be indispensable in order to display if the human rights are criminals’ rights. The product of these ponderations will aim at a broader view of human rights and the certainty that if there is a human rights’ addressee, certainly, it is not the criminals.