Tópica e direitos fundamentais: a contribuição de Theodor Viewheg

Abstract

The texto aims to trace , from the historical context of the post war , how the Law can regulate human conductt from itis refoudation in which the person occupies the Center of the legal system , inwhich Positivism, beyond it’s perspective formal , it can bem read as aglobally effective normative system of human conduct , but alsom as a historical and cultural legal phenomenon that allows the consolidation of the State from the Constitution , that is , from the objective order of values that structures and constitutes the State troughthe Will of the Constitution and how Fundamental Rights are related to Civil Law taking into accaout the effectiveness of Fundamental Rights in relations btween individuals startin from the topic.