Direito Cosmopolita e Direitos Humanos

Abstract

Abstract: In their book A cosmopolitan legal order. Kant,  constitutional justice, and the European Convention on Human Rights (Oxford University Press, 2018), Alex Stone Sweet and Clare Ryan start from the Kantian conception and its reflexes in constitutional theory to explain the emergence of what they call a “cosmopolitan legal order” which, in Europe, developed under the aegis of the European Convention on Human Rights (1950) and the jurisprudence of the European Court of Human Rights. According to the authors, this cosmopolitan legal order is a transnational multilevel legal system in which individuals hold justiciable rights and all public officials bear the obligation to fulfill the fundamental rights of those within their jurisdiction, under the supervision of both domestic and transnational judges.
This works starts from the analysis of this proposal and then reflect on some models of global constitutionalism based on rights, such as the model advanced by Kai Möller in The global model of constitutional rights (Oxford University Press, 2012). It ends with a critical analysis of the conditions of possibility of a cosmopolitan model of human and fundamental rights capable of articulating unity and diversity and based on substantial, institutional, and procedural dimensions.