ARE THERE ABSOLUTE RIGHTS? HUMAN RIGHTS, AUTONOMY OF LAW AND SPHERE OF UNDECIDABILITY

Are there absolute rights? Is it possible, in other words, to relativize and ponder on all constitutionally and internationally guaranteed rights, in a way that negatively affects normative programs that aim, ultimately, to grant individuals a sphere of protection against the State? These two problems constitute the leitmotiv of the present study, whose main objective was to seek the answer from an essentially juridical perspective, taking as the north the postulate of the normative autonomy of the right vis-a-vis other forms of normalization of social life, and to check, from the very systematic and textuality of human and fundamental rights, whether the rule of relativity of rights affects, inter alia, the right not to be tortured or not to be disappeared. Thus, after defining the scope of discourse in the Philosophy of Law, as well as discussing the absolute and / or relative character of rights in general, in the third topic was established the non-restrictive-absolute nature of certain rights. Afterwards, we sought to discuss the topic of effectiveness from the sphere theory of the undecidable sustained by Luigi Ferrajoli. The research methods were the critical and the deductive, adopting the procedure of the bibliographic research.