{"id":2504,"date":"2020-03-03T12:03:28","date_gmt":"2020-03-03T15:03:28","guid":{"rendered":"https:\/\/www.professorvladmirsilveira.com.br\/\/?p=2504"},"modified":"2020-03-03T12:03:28","modified_gmt":"2020-03-03T15:03:28","slug":"o-principio-da-dignidade-da-pessoa-humana-uma-leitura-da-efetividade-da-cidadania-e-direitos-humanos-por-meio-dos-desafios-frente-a-globalizacao","status":"publish","type":"post","link":"https:\/\/clientes.jusanalytics.com.br\/professor\/2020\/03\/03\/o-principio-da-dignidade-da-pessoa-humana-uma-leitura-da-efetividade-da-cidadania-e-direitos-humanos-por-meio-dos-desafios-frente-a-globalizacao\/","title":{"rendered":"O princ\u00edpio da dignidade da pessoa humana: uma leitura da efetividade da cidadania e direitos humanos por meio dos desafios frente \u00e0 globaliza\u00e7\u00e3o"},"content":{"rendered":"

REVISTA <\/strong>DE INVESTIGA\u00c7\u00d5ESCONSTITUCIONAIS<\/strong>\u00a0<\/strong><\/p>\n

JOURNAL OF CONSTITUTIONAL RESEARCH<\/strong><\/p>\n

 <\/p>\n

Clique aqui para acessar<\/a><\/strong><\/p>\n

 <\/p>\n

vol. 5 | n. 1 | janeiro\/abril 2018 | ISSN 2359-5639 | Periodicidade quadrimestral Curitiba |<\/p>\n

N\u00facleo de Investiga\u00e7\u00f5es Constitucionais da UFPR |www.ninc.com.br<\/a><\/p>\n

 <\/p>\n

The principle of the dignity of human person: a reading of the effectiveness of citizenship and human rights through the challenges put forward by globalization*<\/strong><\/p>\n

O princ\u00edpio da dignidade da pessoa humana: uma leitura da efetividade da cidadania e direitos humanos por meio dos desafios frente \u00e0 globaliza\u00e7\u00e3o<\/strong><\/p>\n

 <\/p>\n

ORIDES MEZZAROBA**<\/strong>
\nUniversidade Federal de Santa Catarina (Brasil)
\noridesmezza@gmail.com<\/p>\n

VLADMIR OLIVEIRA DA SILVEIRA***<\/strong>
\nUniversidade Federal do Mato Grosso do Sul (Brasil) Pontif\u00edcia Universidade Cat\u00f3lica de S\u00e3o Paulo (Brasil)
\nvladmiracademico@gmail.com<\/p>\n

Recebido\/Received: 24.07.2017 \/ July 24th, 2017
\nAprovado\/Approved: 31.12.2017 \/ December 31st, 2017<\/p>\n

 <\/p>\n

 <\/p>\n

Abstract<\/strong>
\nEven today concepts that should have been overcome are debated, for example, the belonging of an individual to a State and, consequently, to its laws. The process of globa- lization, and the constant immigration resulted thereof, have led to profound changes in the relationship between the individual and the State, and especially, in the field of\u00a0international human rights law. This means that the hu- man needs began to be manifested regionally and inter- nationally, in order to achieve the principle of the dignity of the human being. Thus, this article intends to investigate the link between citizenship and human rights, from new perspectives, through literature studies and deductive me- thod, in order to answer the following questions: what are the added values to the concept of citizenship? And what is the current dimensions of citizenship.<\/p>\n

Keywords:<\/strong> dignity of human person; effectiveness; citi- zenship; human rights; challenges of globalization.<\/p>\n

Resumo<\/strong>
\nAinda hoje se debate conceitos que deveriam ter sido superados, como, por exemplo, o pertencimento de um indiv\u00edduo a um Estado e, consequentemente, \u00e0s suas leis. O processo de globaliza\u00e7\u00e3o, e a constante imigra\u00e7\u00e3o da\u00ed decorrente, proporcionou profundas transforma\u00e7\u00f5es nas rela\u00e7\u00f5es entre o indiv\u00edduo e o Estado e, especialmente, na\u00a0seara dos direitos internacional dos direitos humanos. Com isso, quer-se dizer que as necessidades humanas passaram a ser manifestadas regional e internacionalmente, com vistas \u00e0 concretiza\u00e7\u00e3o do princ\u00edpio da dignidade da pes- soa humana. Assim, este artigo pretende investigar o elo entre a cidadania e os direitos humanos, a partir de novas perspectivas, por meio de estudo bibliogr\u00e1fico e m\u00e9todo dedutivo, a fim de responder os seguintes questionamen- tos: quais os valores agregados ao conceito de cidadania? E qual a atual dimens\u00e3o da cidadania.<\/p>\n

Palavras-chave:<\/strong> dignidade da pessoa humana; efe- tividade; cidadania; direitos humanos\/ desafios da globaliza\u00e7\u00e3o.<\/p>\n

 <\/p>\n

Como citar esse artigo\/How to cite this article: MEZZAROBA, Orides; SILVEIRA, Vladmir Oliveira da. The principle of the dignity of human person: A reading of the effectiveness of citizenship and human rights through the challenges put forward by globali- zation. Revista de Investiga\u00e7\u00f5es Constitucionais, Curitiba, vol. 5, n. 1, p. 273-293, jan.\/abr. 2018. DOI: 10.5380\/rinc.v5i1.54099.<\/h6>\n
* This article was translated from Portuguese to English by C\u00e1ssio Eduardo Zen, LLM student at Universidade Federal de Santa Catarina \u2013 Brazil.
\n** Full Professor on the Undergraduate and Graduate Law Schools at Federal University of Santa Catarina (Florian\u00f3polis, SC, Brasil). Doctor of Law from the Federal University of Santa Catarina (Florian\u00f3polis, SC, Brasil). E-mail: oridesmezza@gmail.com.
\n*** Full Professor on the Undergraduate and Graduate Law Schools at the Federal Univerity of Mato Grosso do Sul (Campo Gran- de, MS, Brasil). Professor at the Pontifical Catholic University of S\u00e3o Paulo (S\u00e3o Paulo, SP, Brasil). Doctor of Law from the Pontifical Catholic University of S\u00e3o Paulo (S\u00e3o Paulo, SP, Brasil). Lawyer. Email: vladmir@aus.com.br.<\/h6>\n

CONTENTS<\/h4>\n

1. Introduction; 2. Dignity of Human Being as basis for the human rights; 3. Citizenship in its different dimensions; 4. Human Rights and citizenship \u2013 convergences; 5. Globalization and new demands of citizenship (nationality, regionalism and universality); 6. Conclusion; 7. References.<\/p>\n

1. INTRODUCTION<\/h4>\n

Liberal thought has laid the foundation for the emergence of the rule of law that, although it is continually shaped, stands on the pillars of the legal-dogmatic construc- tions around the world. Thus, we usually debate and deepen ourselves in some classic notions such as the belonging of individuals to a State and the law as a commandment targeting the general interest of a national community.<\/p>\n

However, in present time we live the deep transformations from the process of globalization. One must observe that, just to point some of these changes, the human needs have manifested themselves in the global level, not anymore in the national grounds. This way, non State actors have emerged with great strength in the worldwide stage. And, in parallel with the national cultures, cosmopolite ones appeared. Also, the constant migrations are putting themselves against the ancient adoption of a nationa- lity, the idea of remaining in a single country.<\/p>\n

As an effect, State-Nation is challenged in its hegemony when having to con- ceive citizenship in its broader aspect, not only as a bond of political fidelity, as it was in its origin. This way, it is imagined a new form of State that incorporates the common values of all the subjects of a global community and promotes the defense of human rights with the support of the dignity of the human being.<\/p>\n

Following this line of thought, this article attempts to discover some of the bonds between citizenship and human rights, having as premise the scope of human dignity, as since the ascension of human rights in modern juridical debates all over the world, having as consensus that the human dignity is the most important vector in the\u00a0laws in force in States. With that, having as a starting point in this study the intrinsi- cally connection between dignity and human rights, we will attempt to demonstrate that dignity is being put into reality as human rights become effective. On this sense, it is necessary to investigate its evolution in the juridical and philosophical thinking to demystify its contents and show how it became the main basis for human rights.<\/p>\n

As basis for human rights, dignity also irradiates its effects in the contents of citi- zenship. It\u00b4s with the development of human rights on the XX and XXI centuries, in the international field and timely incorporated in the internal field, we watch multiple ri- ghts conjugated with the dignity of the human being. At the same time, the content of citizenship had to be reviewed to include these new variables. This way, it is necessary to enquiry \u2013 which new values were added to the concept of citizenship? What is the present dimension of citizenship? To answer to all these questions, it is useful to think about the present concept of citizenship and its scope having as parameter for com- parison the citizenship as it was molded in the Bourgeois Liberal State. This reflection goes through the analysis of the convergences between the concepts of citizenship and human rights, as both are shaped by their historicity and by the adding of values in the juridical world.<\/p>\n

The analysis of citizenship in its dimensions is complemented by the cosmo- polite vision of the present citizenship. On this rhythm, it is necessary to analyze the influence of the phenomenon of globalization on citizenship, adding the compelling paradigm of international cooperation and shared sovereignty between states in the interests of individuals. The global individual is in a cosmopolite international scene, frequently being put against new challenges, especially when having its citizenship weakened. From this a third and final question emerges to be put in the present work, that is, specifically about the way citizenship may be exercised, taking into account its widened dimensions in the globalized world.<\/p>\n

This question is crucial given the various transformations undergone by the sta- te in the twentieth century, and its effects on the twenty-first century, particularly with the development of international law of human rights, emergence of the UN and other international regional organizations. The focus on the exercise of citizenship in the glo- bal world is essential to understand the process of citizenship and its effectiveness in all its aspects, that in a complementary way – or the principle of complementarity – encom- passes the three systems of protection of human rights currently enforced.<\/p>\n

2. DIGNITY OF HUMAN BEING AS BASIS FOR THE HUMAN RIGHTS<\/h4>\n

The discussion between philosophers on the subject of dignity is rather ancient in the West, fruit of a jewish-christian tradition and belief of man as image of God.1 With\u00a0\u00a0the Christian thought, the notion of personal individual dignity was developed. It\u00b4s on St. Thomas Aquinas2 works, that lesson that \u201cdignity is inherent to man, as species\u201d is found.<\/p>\n

The development of the jusnaturalist doctrine contributed effectively to the subject of dignity. The movement had as leading scholar Kant3, who excelled himself for identifying in society two categories \u2013 price and dignity. According to Kant,4 the price would be an external value, of particular interest in the market. As for dignity, it would be an internal moral value, dignity would not find equivalent, it would not be possible to replace it as it would be done with a product. From this observation Kant\u00b4s quote comes regarding man as the end, not the mean to reach any end. On Kant\u00b4s no- torious quote \u201cman, and in general all rational being, exists as an end in itself, not just as a mean to any use of this or that will\u201d.
\nFollowing the same lines, Comparato states that dignity must be treated as na end in itself, not as a mean, and adds that it results from the fact that that the person lives in conditions of autonomy, being able to guide itself by the laws it creates itself.5 On the same lines, we cannot forget to mention the proposition from Sarlet towards a juridical concept of human being dignity. According to the scholar, we may define the dignity of human beings as:<\/p>\n

1 Comparato (COMPARATO, Fabio Konder. \u00c9tica, direito, moral e religi\u00e3o no mundo moderno. S\u00e3o Paulo: Companhia das\u00a0Letras, 2006. p. 479) explains how the concept of person was elaborated in christianity as substance, as purpose of the image of Jesus Christ, in its double condition as man and Son of God.
\n2 As. Summa Theologiae.
\n3 It is Worth mentioning the reflections from Bittar (BITTAR, Eduardo C. B. Hermen\u00eautica e Constitui\u00e7\u00e3o: a dignidade da pessoa humana como legado \u00e0 p\u00f3s-modernidade. In: ALMEIDA FILHO, Agassiz; MELGAR\u00c9, Pl\u00ednio (Orgs.). Dignidade da Pessoa Humana
\n\u2013 fundamentos e crit\u00e9rios interpretativos. S\u00e3o Paulo: Malheiros Editores, 2010. p. 247) about Kant\u00b4s thesis. According to him: \u201cIn fact, dignity has to do with this capacity to be autonomous, as the moral and legislative ration acts. If there is in the world of absolute ends (field of unconditional, non-achievable, inappreciable), in counterpart to the world of relative ends (field of price, exchange, useful and variable), the human definition derives from its invariable and inalienable condition, since no one is more valuable than anyone, no one may receive more value than anyone, different from things in comercio.
\n4 KANT, Immanuel. Fundamentos da metaf\u00edsica dos costumes. S\u00e3o Paulo: Ediouro, 2000. p. 120.
\n5 COMPARATO, Fabio Konder. A afirma\u00e7\u00e3o hist\u00f3rica dos direitos humanos. S\u00e3o Paulo: Saraiva, 1999. p. 20.
\n6 SARLET, Ingo Wolfgang. Dignidade da pessoa humana e direitos fundamentais. Porto Alegre: Livraria do Advogado, 2001. p. 60.<\/h6>\n

[…] the intrinsic and distinctive quality of each human being that makes it worth the same respect and consideration by the State and community, implying, therefore, a complex of fundamental rights and duties which assure the being against each and any act of degrading and inhuman content, as well as guarantee the minimal conditions of living to a healthy life, and also providing and promoting its active and co-responsible participation on the destinies of its own existence and live in community with the other human beings.6<\/p>\n

We can also address the double vision from Bittar on dignity. For him, \u201cdignity is about what one grants to the other (experience from the outside), as well as to itself (experience from the inside)\u201d.7 Thus, the dignity that comes from the outside is the one shaped by the instruments, generally speaking, offered so that the person may have a worthy life. Meanwhile, the dignity that comes from the inside is the \u201cpersonal digni- ty\u201d, that grows with the self-appreciation. Such notions are undeniably interconnected, according to Bittar \u201cone tends to dignify (experience from the outside) who more and better dignifies itself (experience from the inside)\u201d. Notwithstanding this observation, it is important to underline that each individual is a legitimate agent to seek its dignity against the State or other subject, dignity from the outside, simply for being a human person.<\/p>\n

However, with the evolution of the rules protecting human rights, it is observed that the connection between dignity and human rights, namely the vision that digni- ty comes with rights, just took place with the advent of major international texts and constitutions after the Second World War.<\/p>\n

The juridical reappearance of dignity in the post-war showed a historical reac- tion against the totalitarian regimen that violated dignity itself on a planned basis when trying to carry out a project to define the \u201chuman being\u201d by its predicates. Regarding that Barzotto explains that: \u201c[…] the Nazi defined the human by the predicate \u2018race\u2019, and the communist by the predicate \u2018class\u2019. Human being is an issue to be studied in scienti- fic terms. Therefore the Nazi scientism, that assigned to biology the task of funding an- thropology, and of communism, that assigned the task to history\u201d.8 In this perspective, the objective was to frame the human being \u2013 regarded as a problem \u2013 into a definition. If it was not fit into the frame, its destiny was to be eliminated.<\/p>\n

This conception of exclusion of the human being9 which lasted during the Nazi domination was a fertile ground for the ascension of dignity as a fundamental value of the person. This way, the bad experiences from the Second World War marked a new historical moment of reorienting international politics in favor of human rights. Thus, the notion of International Law of Human Rights was formed based in the Nuremberg Tribunal, the creation of the UN and the presentation of the Universal Declaration of Human Rights.<\/p>\n

We may have as a premise that human rights are aimed at satisfying individu- al human needs. These can be demanded by socially mobilized groups that express\u00a0common needs in order to recognize such rights10. It is on this sense, as when we trans- pose the binomial notion of necessity\/right to the process of drawing up legal rules, we find that these standards when they set certain limits to human freedom by impo- sing behaviors denote the social compliance through an intrinsic process of natural accommodation.
\nFollowing the same lines Silveira11 clears up that<\/p>\n

7 BITTAR, Eduardo C. B. O direito na p\u00f3s-modernidade e reflex\u00f5es frankfurtianas. 2. ed., Rio de Janeiro: Forense Universit\u00e1ria, 2009. p. 301.
\n8 BARZOTTO, Luiz Fernando. Pessoa e reconhecimento \u2013 uma an\u00e1lise estrutural. In: ALMEIDA FILHO, Agassiz; MELGAR\u00c9, Pl\u00ednio (Orgs.). Dignidade da Pessoa Humana \u2013 fundamentos e crit\u00e9rios interpretativos. S\u00e3o Paulo: Malheiros Editores, 2010. p. 55.
\n9 Lafer explains (LAFER, Celso. A reconstru\u00e7\u00e3o dos direitos humanos: um di\u00e1logo com o pensamento de Hannah Arendt. S\u00e3o Paulo: Companhia das Letras, 1988. p. 117) that on the logic of totalitarianism \u201ceverything is possible\u201d and the human being was deemed superfluous. There was no minimal consideration for the individual\u00b4s intrinsic value.<\/h6>\n

[…] rights are born and modified obeying a core formed by the axiological feeling of a so- ciety, which from a given fact adheres itself to a certain value, which, by its turn, becomes to be normatized internationally as well as nationally by States, with imperative basis in the idea of human being dignity.<\/p>\n

Therefore, in view of the development, the right must always be remaking itself in the face of social mobility. It is an adaptation process, considering the new values incorporated into the social environment, whereby the right must renew itself, always shaping up to such expectations.<\/p>\n

Drawing a parallel with the study the elements composing human rights we can relate what was said with the aspect of its history, which shows the evolutionary chain of the rights to its time. Therefore, in congruence with the explanations from Silveira and Contipelli12, it is important to note that the historical evolution of human rights takes place through a process that is called \u201cdinamogenesis\u201d, which represents a pro- cess through which the social community in a certain moment recognizes as valuable something that founds the human right. According to the scholar \u201cthis value brings a new grading to the dignity of human being, that supposes a new orientation and a new content, as consequence of its connection with the present parameter\u201d.<\/p>\n

The dignity of the human person will be made concrete by the preponderant value in a given historical time, for example, freedom, equality and solidarity. Thus, on the Universal Declaration of Human Rights of 1948, an important instrument of univer- sal human rights and main spreader of values over the world, the human being dignity took the place of pillar to all the rights in it enshrined. In the preamble, dignity was crowned as basis to all human rights, since it was recognized to all members of the human family and its equal and inalienable rights. In the first article, it is stated that all\u00a0human beings, since they have reason and conscience, are born equally free in dignity and rights.13<\/p>\n

From the standpoint of domestic orders, human dignity appears today in seve- ral constitutional texts. The Weimar Constitution in Article 151 already proclaimed that \u201cthe ordering of economic life must match the principles of justice in order to guaran- tee everyone a decent existence.\u201d And in Brazil, we can say that it is at the epicenter of the legal system, as the constituent of 1988 elevated it to the rank of fundamental prin- ciple of the Republic, structural pillar of the State organization, as provided in Article 1, paragraph III of the 1988 Constitution of Federative Republic of Brazil. This principle irradiates to all other sections of the Constitution, for instance Article 170, caput.<\/p>\n

10 In this sense, Nader (NADER, Paulo. Introdu\u00e7\u00e3o ao estudo do direito. 24. ed., Rio de Janeiro: Forense, 2004. p. 17) states that: \u201ceven if it possesses a permanent axiological substrate that reflects the stability of the \u2018human nature\u2019, law is an engine subject to the society and should have its direction in according to social ends\u201d.
\n11 SILVEIRA, V. O. Speech given at Faculdades Metropolitanas Unidas \u2013 FMU, on the August 13th 2008, during the law week that happened from 11 to 15 August 2008.
\n12 SILVEIRA, V. O.; CONTIPELLI, E. Direitos Humanos Econ\u00f4micos na perspectiva da Solidariedade: desenvolvimento integral. In:
\nXVI Encontro Nacional CONPEDI, 2008, Salvador – BA. Anais XVI Encontro Nacional do CONPEDI, 2008.<\/h6>\n

Thus, we can infer that the dignity as a criterion of integration of constitutional order in force is suitable to be the grounds of human rights, as it were incorporated into the domestic constitutional system forming the current list of fundamental rights. In another way, there is no doubt that the nature of dignity as the foundation of human rights (or fundamental rights from the point of view of contemporary constitutions)14 makes it to irradiate its effects all over the juridical order (intern and\/or international), implying the recognition and protection of rights in all of its dimensions.<\/p>\n

3. CITIZENSHIP IN ITS DIFFERENT DIMENSIONS<\/h4>\n

A careful reading of history or the course of human rights leads us to reflect together on the concepts of human dignity and citizenship, to the extent that they emerge from the need15 to protect the human person in its various dimensions. Given that the human dignity was revisited in the previous chapter, we now examine the va- rious conceptions of citizenship in order to identify points of convergence with human rights.<\/p>\n

In the period of absolute State in the sixteenth century, our idea of citizenship was manifested in the relationship between sovereign and subject. Citizenship was part of the absolute state, to the extent that the citizen was inside a sphere in which it held its own legal rights in relation to their sovereign. It should be noted, however, that slaves and foreigners were not considered citizens, nor women and children, as they were subordinated to the head of the family. Thus, the citizen of that time, in the
\nconcept expressed by Bodin was a free subject, for he had rights in the face of the so- vereignty of another.16 Moreover, the criterion for the characterization of natural born citizen was the ius sanguinis (nationality) – citizen was the son of a free citizen.<\/p>\n

13 This important historical document was later developed by the international Covenants related to Civil and Political Rights and Economic, Social and Cultural Rights of 1966.
\n14 It is important to notice that one should not mistake human rights and fundamental rights, because even if they are related, they are different categories. Human rights (recognized internationally) inherent to the person should be recognized as well by the positive law of States. As the recognition is produced, they become fundamental rights, meaning, according to P\u00e9rez-Lu\u00f1o \u201ca sector of utmost importance in the juridical order of democratic countries\u201d (P\u00c9REZ LU\u00d1O, A. E. Derechos humanos, Estado de derecho y Constituici\u00f3n. 8. ed. Madrid: Tecnos, 2003. p. 30).
\n15 These demands appear every time when situations of uncertainty are faced, as the ones that presents us progress and crisis, for instance.<\/h6>\n

Hobbes enriched the concept of citizenship, and individualized it and relating it to the moment when the subject, in his state of nature, seeking peace in the face of \u201cperpetual war\u201d, voluntarily submits to the sovereign. For Hobbes, this state of submis- sion when the individual recognizes itself as a citizen, limiting its will and receiving in exchange the protection from the State.17<\/p>\n

From the seventeenth century, with the struggle against the absolute State by the Enlightenment, the freedom of the individual towards the sovereign was advoca- ted. On this debate, citizenship was turned to the formation of the political community and the participation of society in such community. In fact, the transformation on the concept of citizenship happened with the change of the nature of the contract that gave origin to the State. In Hobbes, the Social Contract was based in the submission of the subjects to the sovereign, while in Rousseau, with enlightened ideas, there was a consensus between free and equal individuals that took the form of a State.18<\/p>\n

With the strength of the bourgeois revolutions (English – in the end of the seven- teenth century; American and French – already in the eighteenth century), we witnessed a profound change in the conception of citizenship, given the very historical context of the transition from commercial to industrial capitalism that gave rise to economic do- mination of the bourgeois class. It is important to emphasize that the Declaration of the Rights of Man and Citizen (August 26, 1798) gave political-juridical connotation to the \u201cliberal citizenship\u201d, when stating that all individuals are born free and equal in rights and remain therefore in what relates to freedom, propriety, security and resistance to oppression. About the French Revolution and the concept of citizenship, on the eighte- enth century, Dallari teaches us that:<\/p>\n

This movement was very important because it influenced mosto f the world to adopt the new model of society, created as consequence of the Revolution. In this moment and this environment that the modern conception of citizenship was born to proclaim the elimination of privileges, but which, shortly after, was used to assure the superiority of the new privileged.19<\/p>\n

16 BODIN, Jean. Lex Six Livres de La Republique. Paris: Librairie G\u00e9n\u00e9rale Fran\u00e7aise, 1993. p. 139.
\n17 HOBBES, Thomas. Do cidad\u00e3o. S\u00e3o Paulo: Martins Fontes, 2002. p. 32-34.
\n18 ROUSSEAU, Jean-Jacques. O Contrato Social. Rio de Janeiro: Ediouro, 1992. p. 35.
\n19 DALLARI, Dalmo de Abreu. Direitos humanos e Cidadania. 2. ed., S\u00e3o Paulo: Moderna, 2004. p. 19.280 Revista de Investiga\u00e7\u00f5es Constitucionais, Curitiba, vol. 5, n. 1, p. 273-293, jan.\/abr. 2018.<\/h6>\n

Citizenship in the factual Liberal State went into crisis, even though it served to the recognition of rights, it was permanently denied, on the political point of view, to the poor, the women and the illiterate as the voting by census was implemented. It\u00b4s also possible to mention the coexistence with the slavery system for a large period. In the nineteenth century, citizenship was granted by the State as a status to its members, who by their turn now had benefits\/political rights, for instance to vote and to be voted. But, on the other hand, at that time, social values were not taken into account.<\/p>\n

It was a deeply individualistic model criticized by Marx, considering the consequent disparity in the distribution of property, needed to be surpassed by conceiving rights not to the isolated individual being, but to the individual considered fellow citizen.20 In the Marxist view all individuals are citizens and vice versa, so all should be seen as equal and belong to the same political community.<\/p>\n

In the twentieth century we were faced with a new concept of citizenship. Mar- shall,21 concerned with the evolution of citizenship in England, proclaimed his articu- lating elements that would be civil (eighteenth century), political (nineteenth century) and social (twentieth century) rights, conquered in this order. In this sense, the inter- pretation of Marshall approached considerably the idea of gradual expansion of rights by the needs. Indeed, after World War I, when we refer to the rights of human beings, we are not speaking of individual rights only, whether civil or political rights but we also include social, economic and cultural rights. In this rhythm the liberal concept of citizenship was finally surpassed, so it would be understood as an ensemble of civil, political and social rights. In other words, citizenship was not only regarded in terms of individuality, but widened by the needs of the person while developing itself fully inside a collectivity.<\/p>\n

At present, new variables are being added to the process of citizenship, making it essential to return to think about its foundation, ownership and content. We have as starting point the exhaustion of the liberal conception of citizenship and the new challenges of the twentieth century, be them social (poverty, exclusion and immigra- tion), economic (globalization), or cultural (pluralism and diversity). On the other hand, we see enshrined values that are chained as an indivisible set of human rights whi- ch encompass the civil and political rights, whose owners are individuals, the social, economic and cultural rights, whose owners are the collectivity, and now the rights of solidarity, whose ownership is of mankind on a diffuse and universal perspective22. Therefore, the present dimension of citizenship must be regarded as horizontal23, with \u00a0the involvement of fellow citizens equally regarding the access to all these rights and the fulfillment of their duties, implying a relationship of intersubjectivity and solidarity.<\/p>\n

20 MARX, Karl. Para a quest\u00e3o judaica. S\u00e3o Paulo: Express\u00e3o Popular, 2009.
\n21 MARSHALL, T. H. Cidadania, classe social e status. Rio de Janeiro: Zahar, 1967.
\n22 Check for more: P\u00c9REZ LU\u00d1O, A. E. La tercera generaci\u00f3n de derechos humanos. Navarra: Thomson-Aranzadi, 2006.p. 232.
\n23 No longer vertical, as it was in the relationship between subjects and the sovereign State.<\/h6>\n

<\/h4>\n

4. HUMAN RIGHTS AND CITIZENSHIP \u2013 CONVERGENCES<\/h4>\n

Not always the concept of human rights and citizenship have walked together. It should be noted that only the late Middle Ages, since the overcoming the absolutism and the advent of the rule of law, after fights established for this purpose, the concept of citizenship is linked to the development of human rights.<\/p>\n

Traditionally, from the modern state, citizenship has a political bias, identified in a context of individual participation in shaping the will of society and its government. While human rights, as we have observed, had their origin and foundation on the jusna- turalist thought, with emphasis on human dignity, which has resulted in a list of rights inherent to the human being. These must be protected from violations of all kind, for the simple fact that the individual exists as a human person. One should note that these concepts appeared with their own connotations, stressing that in the original thought the human rights were inherent to human beings independent of the will from the political society.<\/p>\n

Through a series of historical and cultural changes, these concepts, at first inde- pendent, started to be analyzed together, converging on a single stem of ideas guided by the premise that people should have rights essential to their life with dignity, and that it would also be increasingly important the expansion of these rights. It was there- fore on the basis of on human dignity, that there was a strong approximation between the discourse of human rights and citizenship.<\/p>\n

The French Revolution was an important milestone, in which there was a noti- ceable expansion in the conception of citizenship to cover the basic rights of man. The proclamation in the French National Assembly in 1789, of the Declaration of the Rights of Man and Citizen, with universalizing pretensions, defined the modern citizenship, stating that every man has rights inherent to his nature, which are exercised in the con- text of citizenship.<\/p>\n

About this document and its pretention of universality, it is important the lesson by Torres, because – \u201cMan was regarded in the universal sense, but abstract, since there was no juridical classification of rights on the international field, which depended on a universal contract\u201d.24 However, we have observed over the course of the following centuries an historical process of widening of human rights being written in several documents on the international field, conquering regional and worldwide spaces.<\/p>\n

24 TORRES, Ricardo Lobo. A cidadania multidimensional na era dos direitos. In: TORRES, Ricardo Lobo. Teoria dos direitos fun- damentais. Rio de Janeiro: Renovar, 2006. p. 246.<\/h6>\n

It is worth remembering that the rights of the first dimension take care of the preservation of the public liberties, protecting life, freedom, propriety and others, as to limit the power of the State25. The rights of freedom gave the initial content of ci- tizenship on the context of liberalism. Sch\u00e4fer explains that \u201cthe first conceptions of rights had as objective the protection of the citizen towards the absolute State (Levia- than, in Hobbes\u00b4s classical conception), as freedom is a prerequisite for the exercise of other constitutional powers.\u201d26<\/p>\n

It is important to stress the existence of the space of \u201cpolitical freedom\u201d, that may be exercised to choose the destinies of the Country through representations or di- rectly. The concept of citizenship, in that moment, was bonded to the right of freedom of movement and the political demonstration, in clear clash with the predominant will of the feudal lords, the noble and the clerics. We may say that the fall of the Ancient Re- gime27 and the following ascension of the liberal State were historical facts that marked the rising of the modern concept of citizenship.<\/p>\n

On the social and economic conception, the role of the State is that of the sa- tisfier of rights, that demand it positive actions with objectives of equality, which me- ans, interventionist measures in favor of people facing problems in the development of their personality.28. Therefore, State had from now on the obligation of fulfilling rights and guarantee, for instance, job, fair payment, education, health, aiming minimal con- ditions of living for the citizen. This way, the \u201cminimum standard of existence\u201d integra- ted the concept of citizenship, therefore, there is a right to minimal conditions of living and dignity that cannot escape from the State\u00b4s intervention to become reality.<\/p>\n

The struggle for individual freedom was a parameter for the development of the rights of first dimension and the need of equality in the the distribution among men was the basis for the rights of second dimension. On this historical moment, we cannot forget that beyond these, the rights of solidarity emerged, rights of third dimension, fruit of a mutual relationship between people or groups with common needs, as the environment, the peace among people, the development of States among others. The idea of solidarity has special relevance to the fulfillment of fundamental obligations,\u00a0since citizenship implicates a subjective relationship that encompasses rights and du- ties of men.<\/p>\n

Sousa Santos advocates the combination of individual and collective forms of citizenship, indicating the widening of the concept of citizenship beyond the idea of reciprocity and equivalence of rights and duties.29 Following these lines, we express the idea of solidarity as tendency to call us upon defending it collectively what is common to us all, as it is with the environment and development.
\nConsidering the connection between citizenship and human rights, we believe that the concept of citizenship encompasses civil, political, social, economic and difuse rights, which incorporate, express and bond themselves to the values of freedom, jus- tice, equality and solidarity. This position is consonant to the thoughts of Arendt30 and Laffer who sees citizenship as the conscience of the individual as the right to have rights<\/p>\n

25 On this direction Bastos teaches (BASTOS, Celso. Curso de Direito Constitucional. 22. ed., S\u00e3o Paulo: Editora Saraiva, 2001. p.
\n223) that: \u201c[…] the definition of individual rights and guarantees is made of the limits to the power of the State, in the inhibition of its activity, in the creation of a public power incompetence zone of action. This region is translated in an area of juridical protection of the individual, inside which the State cannot enter, under the penalty of unconstitutionality\u201d.
\n26 SCHAFER, Jairo. Classifica\u00e7\u00e3o dos direitos fundamentais – do sistema geracional ao sistema unit\u00e1rio. Porto Alegre: Livraria do Advogado. 2005. p. 19.
\n27 It is Worth mentioning that the Declaration of Rights of the Man and Citizen, that bought a definition of citizenship that is still used in present times, stresses the rights of the citizen as those political and civil ones.
\n28 The Historical perspective of Human Rights of second dimension is presented by Ara\u00fajo and Nunes (ARA\u00daJO, Luiz Alberto David; NUNES, Vidal Serrano. Curso de Direito Constitucional. 9. ed., S\u00e3o Paulo: Editora Saraiva, 2005. p. 115-116), the following way: \u201cIf fundamental rights of first generation had as focus the freedom against state discretion, the second generation ones start from a more evolved place: men, free from the oppression of Public Power, claims now a new form of protection of his dignity, meaning the satisfaction of the minimum necessary to have dignity\u201d.<\/h6>\n

Citizenship is a right to have rights, because equality in dignity in human rights is not a grant. It is built on the collective life, which requires the access to the public space. It is this access that allows for the construction of a common world through the process of assertion of human rights.31<\/p>\n

Continuing, one can also extract that citizenship became all those rights gran- ted to the citizen, not only because the dignity demands the fulfillment of these rights, but also the contrary, since it is itself condition to the exercise of citizenship.<\/p>\n

Cunha stresses that citizenship has new challenges and these cannot be defea- ted with the \u201claw with its eyes closed\u201d. It is necessary an approach as wide as possible, which encompasses a\u201claw with wide open eyes to the reality and the social problems\u201d.32 For that, we keep stressing that human rights in their dimensions incorporate essential rights inside the society. That means, they create opportunities for the development of citizenship, an contribute as well to its effectiveness.<\/p>\n

5. GLOBALIZATION AND NEW DEMANDS OF CITIZENSHIP (NATIO- NALITY, REGIONALISM AND UNIVERSALITY)<\/h4>\n

Globalization bonded every time more the peoples on an interdependence re- lationship. The domination (imperialism) imposed on political-ideological terms facing\u00a0the clash between West-East collapsed with the Berlin Wall. However, economic domi- nation took place, while tanks were no longer needed in the streets, but its efficiency is great. Thus, the relationships between North-South, or rich\/poor countries becomes more relevant, since the value of democracy \u2013 so dear \u2013 may be menaced due to the shift of centers of decisive power inside States.<\/p>\n

One may say that, if the globalization indeed brought together States and people, it didn\u00b4t foresee how to realize this process without aggravating the relations of domination.<\/p>\n

29 SOUSA SANTOS, Boaventura de. Pela m\u00e3o de Alice. O social e o pol\u00edtico na p\u00f3s-modernidade. S\u00e3o Paulo: Cortez, 2006. p. 276.
\n30 ARENDT, Hannah. The origins of totalitarianism. Nova York: Harcourt Brace Jovanovitch, 1993. p. 299-302.
\n31 LAFER, Celso. A reconstru\u00e7\u00e3o dos direitos humanos: um di\u00e1logo com o pensamento de Hannah Arendt. S\u00e3o Paulo: Com- panhia das Letras, 1988. p. 146-166.
\n32 CUNHA, Paulo Ferreira. Constitui\u00e7\u00e3o Viva: cidadania e direitos humanos. Porto Alegre: Livraria do Advogado, 2007. p. 61.<\/h6>\n

Therefore, Bonavides33 warns for a species of globalization that destroys the so- vereignty of the State, denying it its essential quality of supreme power, ignoring the ethical, factual and axiological elements that form the basis of national interests of the juridical order. With this species, the basis of the system, the democratic structures of power and the constitutional basis of the State organization are menaced.<\/p>\n

It is well known that the rivalries in times of imperialism, that took place be- tween hegemonic countries and caused the two biggest wars in the world, were disa- ppearing, causing a relationship of interdependence between powers, to the level of cooperation and regional integration.<\/p>\n

However, under the effects of a \u201cpolitical globalization\u201d in the concept of Nation
\n-State, Sousa Santos exposes certain tendencies already listed by Bob Jessop, especially in relation to the transformation of State\u00b4s power. He describes it this way:<\/p>\n

First of all, the denationalization of the State, a certain voidance of the national State apparatus that occurs because of the fact that the ancient and new capacities of the State are being organized, as territorially as functionally, to the subnational and su- pranational levels. In second place, the de-statism of the political regimes reflected in the transition of the concept of government to governance, that means, from a model of social and economic regulation founded in the central role of the State to another based in partnerships and other forms of association between governmental, para-go- vernmental and non-governmental organizations, upon which the State has duties of coordination only, as primus inter partes. And, finally, a tendency towards the interna- tionalization of the National State, expressed in the increasing strategic impact of the international context in States\u00b4 actions, that may include the widening of the fields of
\naction of the National State every time that it would be necessary to fit the internal con- ditions to the extra-territorial or transnational demands.34<\/p>\n

33 According to Bonavides (BONAVIDES, Paulo. Revista do Instituto dos Advogados Brasileiros, Rio de Janeiro, ano XXXIV,\u00a0n. 92, abr.\/jun. 2000.): \u201cThe globalization neoliberals only combine five verbs on their language. They intend to undertake, as soon as possible, the extinction of national sovereignty, both internal and external. The five verbs are de-nationalize, de-statize, de-constitutionalize, de-regionalize and disarm. By the simultaneous work of these contumacious actions, impertinent and dis- ruptive, the country faces its worst crisis in History. This way, soon on the people\u00b4s conscience, in the courts, in the forums, in the citizenship\u00b4s memory, the memory of the lost and sacrificed freedom will vanish, not having a place to deal with the elements constitutive to the identity, the Nation, the State, the Constitution, the Region and the Armed Forces\u201d.<\/h6>\n

With concerning the reduction of the power of the nation-state, Vieira asserts that \u201cthe nation states are weakened as they can no longer control the dynamics that go beyond its territorial boundaries\u201d and that \u201cthe global interdependence of several processes ends up reducing in fact their power of decision, even if by law they conti- nue lords of their space of jurisdiction.35 Indeed, decisions within the state exist auto- nomously, but cannot be detached from the external environment contingencies, ie, cannot be decontextualized from the international scene.<\/p>\n

In a context of globalization in which borders are weakened due to the large and fast access to information, it is essential that the sovereign States come, at the same speed, to adjust to the new global society that is increasingly consolidated. The rights emerging from the terrifying context of the Second War and the hope represented by the founding of the UN inaugurated a perspective of international cooperation in whi- ch the nation state is surpassed by a new conception of the state, which H\u00e4berle calls \u201cCooperative Constitutional State.\u201d36 In it, the consolidation of this new paradigm for the state generates expectations of increased citizenship in the domestic and inter- national plans, especially with regard to their legal effect. At this pace \u201cgovernmental solidarity of cooperation\u201d or \u201ccooperation beyond borders\u201d, in which mutual assistance between states is seen as co-responsibility is a core part of the \u201cCooperative Constitu- tional State\u201d, along with the universal rules human rights.<\/p>\n

Given this new reality, it is already observed increased international coopera- tion – and, consequently, it is required reformulate the concept of sovereignty, since the states are not self-sufficient, ie, no longer operate individually in international relations, but interdependently . Similarly, Bittar adds the \u201cdisappearance of a immutable design of sovereignty,\u201d as one of the transformations of post-modernism that embraces the transition from a national state to the post-national state. In his words, about the end of the old conception of sovereignty:<\/p>\n

[…] As a role model with absolute capacity of self-determination of the state (to create rules, execute rules and judge according to rules, regardless of the intervention of ex- ternal forces), either by the inability of states to isolate themselves from international economic policies (IMF , IBRD), or by the deep and abiding interference of globalization\u00a0on domestic political scene of the States, or by breaking the concept of sovereignty-i- solation-competition-protection-nacioanalism towards an integration-cooperation ex- change concept, either by the sufficient number of international mechanisms, including and especially related to human rights, which provide tools for the action of internatio- nal forces to quell attacks on human rights even when they occur within a nation state (Rwanda, Kosovo, Afghanistan, Iraq …).37<\/p>\n

34 SOUSA SANTOS, Boaventura de (Org.) A globaliza\u00e7\u00e3o e as ci\u00eancias sociais. 3. ed., S\u00e3o Paulo: Cortez, 2005. p. 37-38.
\n35 VIEIRA, Liszt. Cidadania e Globaliza\u00e7\u00e3o. 8. ed. Rio de Janeiro: Record, 2005. p. 105.
\n36 H\u00c4BERLE, Peter. Estado constitucional cooperativo. Trad. Marcos Maliska e Lisete Antoniuk. Porto Alegre: Livraria do Ad- vogado, 2007.<\/h6>\n

Currently, the international community tries to find solutions that reconcile the old concept of sovereignty with the needs for cooperation and integration among sta- tes, given that the states, even though they are strong and powerful, cannot resolve current issues such as terrorism, environment, capital flows and crimes against huma- nity, among others, by themselves.<\/p>\n

It is essential to clarify that, in shared sovereignty, states do not renounce their sovereignty, but exercise it in a way shared with other states and those matters spe- cifically provided for in treaties. This apparent limitation of the state, characteristic of shared sovereignty, guarantees the solidarity and democracy, and a minimum basis of rights arising from the principle of complementarity which should always be exercised in favor of human beings. One can then say that there is no loss of sovereignty, because insofar as sovereignty is shared, State would have jurisdiction outside their territories as well, in universal themes shared with other states. In other words, sharing implies losses and gains in a new perspective.<\/p>\n

It is important to highlight that sovereignty is not something that has a greater or lesser extent – if it is state it\u2019s sovereign. Sovereignty is a condition of the state and not a quality that exists in greater or lesser degree. Thus, what is proposed in the Cons- titutional Cooperative State is just the opening of the State for a legal and ethical dia- logue with the international community and the consequent sharing of sovereignty ra- ther than against a political-ideological relation or economic and technical domination.<\/p>\n

Note that this new concept holds that, in its current stage of development, the Constitutional State is not justified by itself, but is conditioned by external circumstan- ces – in other words, it\u2019s conditioned from outside. It is no accident that our Magna Carta contemplates themes of the constitutional dualism (Article 4) and the promotion of hu- man rights (Article 5, paragraph 2), as it happens in the constitutions of many countries\u00a0and especially in documents from the Communities<\/p>\n

In this rhythm, it is no longer possible to think of citizenship without contextua- lizing in the globalized world and the paradigm of the Constitutional Cooperative State.<\/p>\n

37 BITTAR, Eduardo C. B. O direito na p\u00f3s-modernidade e reflex\u00f5es frankfurtianas. 2. ed., Rio de Janeiro: Forense Universi- t\u00e1ria, 2009. p. 348.<\/h6>\n

In other words, the citizen should be considered as part of a cosmopolitan international scene, whose universally valid value is human dignity.<\/p>\n

The present citizenship finds itself connected to a humanist project of univer- salist and cosmopolite conception, where the true \u201cstatus mundialis hominis\u201d38 is achie- ved. Accordingly, the traditional and reductionist vision that equates citizenship with the relation of belonging to a state is overcame. On the other hand, from the recogni- tion of the phenomena of \u201csupra-statehood\u201d citizenship is no longer considered under the unilateral aspect – as the individual\u2019s unique bond with his state – being admitted in the multiple formas diversity of citizenship or multilateral citizenship.<\/p>\n

We witnessed intergovernmental efforts to tackle the challenges posed by globalization. In this sense, appeared as the most visible integrated regional markets, such as the Eu- ropean Union, NAFTA and Mercosur. In the example of the European Union we saw the overcoming of the simple step of building a common market to include laws and supra- national institutions. This reflected in the concept of citizenship, because we now have \u201cEuropean citizens\u201d, according to Maastricht39. About that, Alves40 explains that this new citizenship occurs in the opposite way to the one from Marshall: \u201cfrom the economic ri- ghts to the social and then to the civil, to reach, maybe, in the future, the political citi- zenship, without crushing nationalities\u201d.<\/p>\n

It is Always good to remember, as states Bobbio, the most important task of our time, regarding human rights, is not to give them basis them, but to protect them.41 The relentless effort of reasoning very made it difficult its protection, considering the various theoretical concepts, from several religious, political and ideological sources. Surpassed this issue, we move towards a consensus that universalizes such rights, when we expand in a complementary and integrative form the systems of protection:
\n(1) Domestic-national, (2) international-regional, and (3) international-universal. Thus,\u00a0in the national citizenship we have the figure of the State protecting its nationals (eg, Brazilians) with fulcrum on written fundamental constitutional rights. In the context of regional citizenship, the guarantee shall be given by organs from regionalized sys- tems, such as the OAS, AU and EU in the protection of American, African or European, respectively, based on regional human rights. In the universal context, the protection is directed to human beings, as a citizen before the UN42, under the aegis of universal human rights.<\/p>\n

38 Read on these lines, H\u00c4BERLE, Peter. Derecho Constitucional Com\u00fan Europeo. Tradu\u00e7\u00e3o de E. Mikunda. In: P\u00c9REZ LU\u00d1O, Antonio Enrique (Coord.). Derechos humanos y constitucionalismo ante el Tercer Milenio. Madrid: Marcial Pons, 1996.p. 187-224; P\u00c9REZ LU\u00d1O, A. E. La universidad de los derechos y el Estado constitucional. Bogot\u00e1: Universidade Externado de Colombia, 2002.
\n39 It became known as the Treaty of European Union and was signed on February 7th 1992. One of its innovations was the insti- tution of the European citizenship next to the national citizenship, granting rights to Europeans to circulate and reside freely in the community, to vote and to be elected on the State where they reside, to have diplomatic and consular protection and right to petition before the European Parliament and the presentation of complaint before the European Ombudsman.
\n40 About the Mercosur, the author clears that this process is still starting when comparing with the European Union, because it doesn\u00b4t \u201cforesee, at the moment, nothing similar, but it\u00b4s worth as a consultation organ surpassing the economic sphere\u201d (LINDGREN ALVES, Jos\u00e9 Augusto. Cidadania, Direitos Humanos e globaliza\u00e7\u00e3o. In: PIOVESAN, Flavia (org.). Direitos Humanos, globaliza\u00e7\u00e3o econ\u00f4mica e integra\u00e7\u00e3o regional: desafios do direito constitucional internacional. S\u00e3o Paulo: Max Limonad, 2002. p. 91).
\n41 BOBBIO, Norberto. A era dos direitos. Tradu\u00e7\u00e3o de Carlos Nelson Coutinho. Rio de Janeiro: Campus, 1992. p. 25.<\/h6>\n

This broad and complementary view of the systems of protection of human ri- ghts is consistent with the development and fulfillment of citizenship, given its multila- teral design . Thus, we are moving forward in the protection of human beings satisfying their claims under the umbrella of a common denominator that allows it to be a citizen of the world. This paradigm of citizenship is with which the individual holds multiple ci- tizenships and has been able to exercise them in their political community or at interna- tional level, always according with the cosmopolitan and humanist project acclaimed by the instruments of human rights protection.<\/p>\n

6. CONCLUSION<\/h4>\n

1. On a brief reflective effort it is not difficult to observe that together with the crushing globalization, produced by the capitalist mode of production, there is a huge movement in course over some centuries until now, to widen the rights, based in the human conviction that all are equal in dignity. In great works with thesis that inspired the conscience of the present individual we may notice Locke (Seventeenth century) advocating a founding pact and attributing individual and inalienable rights to all men; Rousseau (Eighteenth century) advocating that sovereignty belongs to the people, that by its turn should exercise it directly and stating as well that equality propels freedom and not vice versa; Kant stating that the human being is distinct from things, because it has dignity, makes this thought echo in the Universal Declaration of Human Rights (1948).<\/p>\n

2. This way, the human being dignity reemerges as criterion of integration of the International Law of Human Rights and the constitutional order in force in countries, becoming the main element of support of human rights and the fundamental rights
\n– as prescribed in the internal law \u2013 irradiating its effects all over the juridical order, including to citizenship, as both dignity and citizenship are concepts attached to the need to protect the human being in all of its dimensions.<\/p>\n

3. The present citizenship has a dynamic meaning and should be regarded in its widest dimensions, being connected with the constant evolution of human rights.<\/p>\n

42 We must stress the First Optional Protocol of Civil and Political Rights, that attributes to the Human Rights Committee the power to receive petitions from individuals against the State.<\/h6>\n

Citizen and Human Rights, both, form an historical concept, which makes its senses to modify and in space and time, following the progress of mankind.<\/p>\n

4. With the specific case of citizenship, that happens not only because of the rules (of nationality) that defines who has and ho doesn\u00b4t have citizenship (ius sangui- nis, ius solis), but because of the distinct rights and duties that mark the citizen on each State and before the international community. On this speed, we face a citizenship that encompasses the civil, political, social, economic and diffuse rights and are attached to the values of freedom, equality, justice and solidarity.<\/p>\n

5. We note that, even inside each State, the concept and the practice of citi- zenship is being widened considerably over the last century. The fast pace of such chan- ges, especially because of the technological and cultural advances, turns what could be considered in a certain moment a dangerous subversion of the order something usual, \u201cnatural\u201d in a following. Today, there is no Western democracy where women have no right to vote \u2013 which was considerable unthinkable short while ago, even in countries as developed as Switzerland. It is worth remembering that the basic right to voting had been linked to ownership of proprieties, to the entitlement on public service or func- tions or even the fact of belonging or not to a certain kinship.<\/p>\n

6. As for the role of the globalized State, we may see that due to the present meaning of citizenship, there is to the State the need of cooperation, based on the will to act together in the international field, in regional and global levels. In the context of the international cooperation to defend human rights it is possible to observe the shared sovereignty and the Constitutional Cooperative State that adds to its structure elements of opening cooperation and integration that de-characterize the Nation-S- tate as a closed structure focused on national sovereignty. This way, the international community gets the conditions to set minimum standards of the human being\u00b4s pro- tection \u2013 which will guarantee them even in periods of institutional instability of States, and also favor the essential advancements of human rights in places where the power of governs (and dominating powers) have not yet been limited. Sovereignty cannot, therefore, be evoked as shield to protect violations of human rights though the invoca- tion of the domestic jurisdiction clause, but as instrument to enforce the protection of individuals and peoples.<\/p>\n

7. This way, the principle of shared sovereignty must be in tune with the neces- sary international cooperation in the field of human rights, echoing to the real needs of mankind, through the relation of complementarity between the spheres of protec- tion that base the distinctive complementary citizenships. Thus, when we state that citizenship is the \u201cright to have rights\u201d, it is evident that human being may have new demands (as in fact happens in several parts of the globe), regarding national, regional and universal rights.<\/p>\n

8. Taking into account the development of the logic of human rights protection, we may infer the persistence of the new forms of exercising citizenship, that are encom- passed on the universalist context in a complementary and integrative way. This way, it becomes possible to the individual to reclaim its citizenship on the domestic field of its State (national scope), regional field (for instance, before the Interamerican Court of Human Rights or the European Court of Human Rights) and universally (for instance, before the UN Human Rights Committee)<\/p>\n

9. We must pay attention to this vision of complementarity of the protective systems and their role on the fulfillment of citizenship. Since the present citizenship encompasses all human rights, from the international standpoint, and the fundamental rights, from the States\u00b4 point of view, different spheres of judicialization are attached, as are being placed before the choice of the contemporary citizen. Thus, the possibilities of exercising multiple citizenships or multilateral ones, strengthening even more the process of enforcement of human rights.<\/p>\n

7. REFERENCES<\/h4>\n

ARA\u00daJO, Luiz Alberto David; NUNES, Vidal Serrano. Curso de Direito Constitucional. 9. ed., S\u00e3o Paulo: Editora Saraiva, 2005.
\nARENDT, Hannah. The origins of totalitarianism. Nova York: Harcourt Brace Jovanovitch, 1993.
\nBARZOTTO, Luiz Fernando. Pessoa e reconhecimento \u2013 uma an\u00e1lise estrutural. In: ALMEIDA FILHO, Agassiz; MELGAR\u00c9, Pl\u00ednio (Orgs.). Dignidade da Pessoa Humana \u2013 fundamentos e crit\u00e9rios inter- pretativos. S\u00e3o Paulo: Malheiros Editores, 2010.
\nBASTOS, Celso. Curso de Direito Constitucional. 22. ed., S\u00e3o Paulo: Editora Saraiva, 2001.
\nBITTAR, Eduardo C. B. Hermen\u00eautica e Constitui\u00e7\u00e3o: a dignidade da pessoa humana como lega- do \u00e0 p\u00f3s-modernidade. In: ALMEIDA FILHO, Agassiz; MELGAR\u00c9, Pl\u00ednio (Orgs.). Dignidade da Pessoa Humana \u2013 fundamentos e crit\u00e9rios interpretativos. S\u00e3o Paulo: Malheiros Editores, 2010.
\nBITTAR, Eduardo C. B. O direito na p\u00f3s-modernidade e reflex\u00f5es frankfurtianas. 2. ed., Rio de Janeiro: Forense Universit\u00e1ria, 2009.
\nBOBBIO, Norberto. A era dos direitos. Tradu\u00e7\u00e3o de Carlos Nelson Coutinho. Rio de Janeiro: Cam- pus, 1992.
\nBODIN, Jean. Lex Six Livres de La Republique. Paris: Librairie G\u00e9n\u00e9rale Fran\u00e7aise, 1993.
\nBONAVIDES, Paulo. Revista do Instituto dos Advogados Brasileiros, Rio de Janeiro, ano XXXIV, n. 92, abr.\/jun. 2000.
\nCOMPARATO, Fabio Konder. A afirma\u00e7\u00e3o hist\u00f3rica dos direitos humanos. S\u00e3o Paulo: Saraiva, 1999.COMPARATO, Fabio Konder. \u00c9tica, direito, moral e religi\u00e3o no mundo moderno. S\u00e3o Paulo: Companhia das Letras, 2006.
\nCUNHA, Paulo Ferreira. Constitui\u00e7\u00e3o Viva: cidadania e direitos humanos. Porto Alegre: Livraria do Advogado, 2007.
\nDALLARI, Dalmo de Abreu. Direitos humanos e Cidadania. 2. ed., S\u00e3o Paulo: Moderna, 2004.
\nH\u00c4BERLE, Peter. Derecho Constitucional Com\u00fan Europeo. Tradu\u00e7\u00e3o de E. Mikunda. In: P\u00c9REZ LU\u00d1O, Antonio Enrique (Coord.). Derechos humanos y constitucionalismo ante el Tercer Mile- nio. Madrid: Marcial Pons, 1996.
\nH\u00c4BERLE, Peter. Estado constitucional cooperativo. Trad. Marcos Maliska e Lisete Antoniuk. Por- to Alegre: Livraria do Advogado, 2007.
\nHOBBES, Thomas. Do cidad\u00e3o. S\u00e3o Paulo: Martins Fontes, 2002.
\nKANT, Immanuel. Fundamentos da metaf\u00edsica dos costumes. S\u00e3o Paulo: Ediouro, 2000.
\nLAFER, Celso. A reconstru\u00e7\u00e3o dos direitos humanos: um di\u00e1logo com o pensamento de Hannah Arendt. S\u00e3o Paulo: Companhia das Letras, 1988.
\nLINDGREN ALVES, Jos\u00e9 Augusto. Cidadania, Direitos Humanos e globaliza\u00e7\u00e3o. In: PIOVESAN, Flavia (org.). Direitos Humanos, globaliza\u00e7\u00e3o econ\u00f4mica e integra\u00e7\u00e3o regional: desafios do direito constitucional internacional. S\u00e3o Paulo: Max Limonad, 2002.
\nMALISKA, Marcos Augusto. A coopera\u00e7\u00e3o internacional para os direitos humanos entre o direito constitucional e o direito internacional: Desafios ao Estado Constitucional Cooperativo. Revista Forense, Rio de Janeiro, v. 391, p. 627-635, mai.\/jun. 2007.
\nMARSHALL, T. H. Cidadania, classe social e status. Rio de Janeiro: Zahar, 1967. MARX, Karl. Para a quest\u00e3o judaica. S\u00e3o Paulo: Express\u00e3o Popular, 2009.
\nNADER, Paulo. Introdu\u00e7\u00e3o ao estudo do direito. 24. ed., Rio de Janeiro: Forense, 2004.
\nP\u00c9REZ LU\u00d1O, A. E. La universidad de los derechos y el Estado constitucional. Bogot\u00e1: Universi- dade Externado de Colombia, 2002.
\nP\u00c9REZ LU\u00d1O, A. E. La tercera generaci\u00f3n de derechos humanos. Navarra: Thomson-Aranzadi, 2006.
\nP\u00c9REZ LU\u00d1O, A. E. Derechos humanos, Estado de derecho y Constituici\u00f3n. 8. ed. Madrid: Tec- nos, 2003.
\nPINSKY, Jaime; PINSKY, Carla B. (Orgs.) Hist\u00f3ria da cidadania. S\u00e3o Paulo: Contexto, 2003. ROUSSEAU, Jean-Jacques. O Contrato Social. Rio de Janeiro: Ediouro, 1992.
\nSARLET, Ingo Wolfgang. Dignidade da pessoa humana e direitos fundamentais. Porto Alegre: Livraria do Advogado, 2001.<\/p>\n

SCHAFER, Jairo. Classifica\u00e7\u00e3o dos direitos fundamentais – do sistema geracional ao sistema uni- t\u00e1rio. Porto Alegre: Livraria do Advogado. 2005.
\nSILVEIRA, Vladmir Oliveira. Direitos Humanos e Desenvolvimento. Palestra proferida nas Facul- dades Metropolitanas Unidas \u2013 FMU, no dia 13 de agosto de 2008, dentro da semana jur\u00eddica que aconteceu entre os dias 11 e 15 de agosto de 2008.
\nSILVEIRA, Vladmir Oliveira; CONTIPELLI, Ernani. Direitos Humanos Econ\u00f4micos na perspectiva da Solidariedade: desenvolvimento integral. In: XVI Encontro Nacional CONPEDI, 2008, Salvador – BA. Anais XVI Encontro Nacional do CONPEDI, 2008.
\nSOUSA SANTOS, Boaventura de (Org.) A globaliza\u00e7\u00e3o e as ci\u00eancias sociais. 3. ed., S\u00e3o Paulo: Cortez, 2005.
\nSOUSA SANTOS, Boaventura de. Pela m\u00e3o de Alice. O social e o pol\u00edtico na p\u00f3s-modernidade. S\u00e3o Paulo: Cortez, 2006.
\nTORRES, Ricardo Lobo. A cidadania multidimensional na era dos direitos. In: TORRES, Ricardo Lobo. Teoria dos direitos fundamentais. Rio de Janeiro: Renovar, 2006.
\nVIEIRA, Liszt. Cidadania e Globaliza\u00e7\u00e3o. 8. ed. Rio de Janeiro: Record, 2005.<\/p>\n","protected":false},"excerpt":{"rendered":"

REVISTA DE INVESTIGA\u00c7\u00d5ESCONSTITUCIONAIS\u00a0 JOURNAL OF CONSTITUTIONAL RESEARCH   Clique aqui para acessar   vol. 5 | n. 1 | janeiro\/abril 2018 | ISSN 2359-5639 | Periodicidade quadrimestral Curitiba | N\u00facleo de Investiga\u00e7\u00f5es Constitucionais da UFPR |www.ninc.com.br   The principle of the dignity of human person: a reading of the effectiveness of citizenship and human rights through the challenges put forward by globalization* O princ\u00edpio da dignidade da pessoa humana: uma leitura da efetividade da cidadania e direitos humanos por meio dos desafios frente \u00e0 globaliza\u00e7\u00e3o   ORIDES MEZZAROBA** Universidade Federal de Santa Catarina (Brasil) oridesmezza@gmail.com VLADMIR OLIVEIRA DA SILVEIRA*** Universidade Federal do Mato Grosso do Sul (Brasil) Pontif\u00edcia Universidade Cat\u00f3lica de S\u00e3o Paulo (Brasil) vladmiracademico@gmail.com Recebido\/Received: 24.07.2017 \/ July 24th, 2017 Aprovado\/Approved: 31.12.2017 \/ December 31st, 2017     Abstract Even today concepts that should have been overcome are debated, for example, the belonging of an individual to a State and, consequently, to its laws. The process of globa- lization, and the constant immigration resulted thereof, have led to profound changes in the relationship between the individual and the State, and especially, in the field of\u00a0international human rights law. This means that the hu- man needs began to be manifested regionally and inter- nationally, in order to achieve the principle of the dignity of the human being. Thus, this article intends to investigate the link between citizenship and human rights, from new perspectives, through literature studies and deductive me- thod, in order to answer the following questions: what are the added values to the concept of citizenship? And what is the current dimensions of citizenship. Keywords: dignity of human person; effectiveness; citi- zenship; human rights; challenges of globalization. Resumo Ainda hoje se debate conceitos que deveriam ter sido superados, como, por exemplo, o pertencimento de um indiv\u00edduo a um Estado e, consequentemente, \u00e0s suas leis. O processo de globaliza\u00e7\u00e3o, e a constante imigra\u00e7\u00e3o da\u00ed decorrente, proporcionou profundas transforma\u00e7\u00f5es nas rela\u00e7\u00f5es entre o indiv\u00edduo e o Estado e, especialmente, na\u00a0seara dos direitos internacional dos direitos humanos. Com isso, quer-se dizer que as necessidades humanas passaram a ser manifestadas regional e internacionalmente, com vistas \u00e0 concretiza\u00e7\u00e3o do princ\u00edpio da dignidade da pes- soa humana. Assim, este artigo pretende investigar o elo entre a cidadania e os direitos humanos, a partir de novas perspectivas, por meio de estudo bibliogr\u00e1fico e m\u00e9todo dedutivo, a fim de responder os seguintes questionamen- tos: quais os valores agregados ao conceito de cidadania? E qual a atual dimens\u00e3o da cidadania. Palavras-chave: dignidade da pessoa humana; efe- tividade; cidadania; direitos humanos\/ desafios da globaliza\u00e7\u00e3o.   Como citar esse artigo\/How to cite this article: MEZZAROBA, Orides; SILVEIRA, Vladmir Oliveira da. The principle of the dignity of human person: A reading of the effectiveness of citizenship and human rights through the challenges put forward by globali- zation. Revista de Investiga\u00e7\u00f5es Constitucionais, Curitiba, vol. 5, n. 1, p. 273-293, jan.\/abr. 2018. DOI: 10.5380\/rinc.v5i1.54099. * This article was translated from Portuguese to English by C\u00e1ssio Eduardo Zen, LLM student at Universidade Federal de Santa Catarina \u2013 Brazil. ** Full Professor on the Undergraduate and Graduate Law Schools at Federal University of Santa Catarina (Florian\u00f3polis, SC, Brasil). Doctor of Law from the Federal University of Santa Catarina (Florian\u00f3polis, SC, Brasil). E-mail: oridesmezza@gmail.com. *** Full Professor on the Undergraduate and Graduate Law Schools at the Federal Univerity of Mato Grosso do Sul (Campo Gran- de, MS, Brasil). Professor at the Pontifical Catholic University of S\u00e3o Paulo (S\u00e3o Paulo, SP, Brasil). Doctor of Law from the Pontifical Catholic University of S\u00e3o Paulo (S\u00e3o Paulo, SP, Brasil). Lawyer. Email: vladmir@aus.com.br. CONTENTS 1. Introduction; 2. Dignity of Human Being as basis for the human rights; 3. Citizenship in its different dimensions; 4. Human Rights and citizenship \u2013 convergences; 5. Globalization and new demands of citizenship (nationality, regionalism and universality); 6. Conclusion; 7. References. 1. INTRODUCTION Liberal thought has laid the foundation for the emergence of the rule of law that, although it is continually shaped, stands on the pillars of the legal-dogmatic construc- tions around the world. Thus, we usually debate and deepen ourselves in some classic notions such as the belonging of individuals to a State and the law as a commandment targeting the general interest of a national community. However, in present time we live the deep transformations from the process of globalization. One must observe that, just to point some of these changes, the human needs have manifested themselves in the global level, not anymore in the national grounds. This way, non State actors have emerged with great strength in the worldwide stage. And, in parallel with the national cultures, cosmopolite ones appeared. Also, the constant migrations are putting themselves against the ancient adoption of a nationa- lity, the idea of remaining in a single country. As an effect, State-Nation is challenged in its hegemony when having to con- ceive citizenship in its broader aspect, not only as a bond of political fidelity, as it was in its origin. This way, it is imagined a new form of State that incorporates the common values of all the subjects of a global community and promotes the defense of human rights with the support of the dignity of the human being. Following this line of thought, this article attempts to discover some of the bonds between citizenship and human rights, having as premise the scope of human dignity, as since the ascension of human rights in modern juridical debates all over the world, having as consensus that the human dignity is the most important vector in the\u00a0laws in force in States. With that, having as a starting point in this study the intrinsi- cally connection between dignity and human rights, we will attempt to demonstrate that dignity is being put into reality as human rights become effective. On this sense, it is necessary to investigate its evolution in the juridical and philosophical thinking to demystify its contents and show how it became the main basis for human rights. As basis for human rights, dignity also irradiates<\/p>\n","protected":false},"author":1,"featured_media":4584,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[10,12],"tags":[],"class_list":["post-2504","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-artigos-academicos","category-direitos-humanos"],"_links":{"self":[{"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/posts\/2504","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/comments?post=2504"}],"version-history":[{"count":0,"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/posts\/2504\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/media\/4584"}],"wp:attachment":[{"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/media?parent=2504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/categories?post=2504"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/clientes.jusanalytics.com.br\/professor\/wp-json\/wp\/v2\/tags?post=2504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}