CLASH OF FUNDAMENTAL RIGHTS AND EQUILIBRIUM

Authors

  • Nadia Castro Alves

Abstract

Doctrine has pointed out fundamental rights such as those considered essential to the dignified existence of the human being. However, scholars on the subject point out that one of the characteristics of fundamental rights is precisely their limitability, i.e., no fundamental right can be considered absolute. Therefore, these limits will be found when opposing other rights that are also considered fundamental. In this article, the equilibrium technique is discussed as a means of conflict resolution in the clash of fundamental rights and demonstrates the erroneous way it often used by Brazilian jurisprudence.

Published

05/12/2025

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Section

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