BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

more recent process, since it is basically a result of the barbarism of war, of the desire of never having the Second World War again, with the advent of the United Nations and the construction of at least three international human rights protection systems (UN, Organization of American States and Council of Europe) and has as an initial documentary landmark the fundamental Universal Declaration of Human Rights of 1948. 16 There is no doubt that the maintenance of peace and the defense of human rights, as embodied in Article 1 of the UN Charter (San Francisco, 1945), decisively are the main reasons for the creation of the UN. In the same way, these were also the main concerns of both the Inter-American Community and the European Union. There is no doubt that the question of the universality of the Western concept of human rights / fundamental rights 17 is a prior discussion of the issue of their transnationality. The transnationalization of fundamental rights is a different process and subsequent to the internationalization of them. In the general theory of fundamental rights of Professor Gregorio Peces-Barba one of the most important of his theses consists of the aforementioned lines of evolution of rights that are reported in the following processes, among which we include in a different writing called the process of formation of the ideal of fundamental rights. 18 Briefly, the evolutionary lines or processes of fundamental rights in Peces-Barba occur in four historical processes: 1. process of positivation: the passage from the philosophical discussion of Rationalist Natural Law to positive law made Valencia: Tirant lo Blanch, 2004. And an intelligent and mature critic in WALLERSTEIN, I. European universalism: the rhetoric of power . São Paulo: Boitempo, 2007. Likewise, it is impossible not to mention the very interesting and current criticism of Joaquín Herrera Flores – HERRERA FLORES, J. Human rights as cultural products: criticism of abstract humanism . Madrid: Catarata, 2005. 16 Norberto Bobbio calls the Declaration of 1948 the most important document in the history of mankind, one that in the opinion of the Italian philosopher “represents the manifestation of the only evidence through which a system of values can be recognized: and this proof is the general consensus about its validity” (p. 26). This is already a classic view that different authors of the general theory of human rights have discussed its validity for some decades. See BOBBIO, N. Present and future of human rights. In A Era dos Direitos (The Age of Rights), Rio de Janeiro: Campus, 1992, p. 25-47. 17 One of the first difficulties presented by the subject of rights is in terms of its terminology. Various expressions have been used throughout the ages to designate the phenomenon of fundamental rights. For example, currently the term natural right should be considered as a historical term that still means a justified moral claim not written as Law. In our opinion, two are the most correct expressions to use today: human rights and fundamental rights. We endorse our view in the general consensus in the specialized doctrine that the term human rights is used when we refer to those rights enshrined in international declarations and conventions and the term fundamental rights for those rights that appear positive and guaranteed in the legal system of a State. In the same way that the different authors when referring to the history or philosophy of human rights, they use, according to their preferences, the mentioned terms indistinctly. So for the purposes of this work on transnationality the expressions fundamental rights and human rights are synonymous. On the subject and the terminological consensus: PEREZ LUÑO, A. E. Human Rights, Rule of Law and Constitution . 9. ed. Madrid: Tecnos, 2005. p. 31; DEL CARMEN BARRANCO, M. The discourse of rights: From the terminological problem to the conceptual debate . Madrid: Dykinson, 1992. p. 20; SARLET, I. W. Eficácia two direitos fundamentais . Porto Alegre: Livraria do Advogado, 2001. p. 33. 18 This would be a diachronic process, at the beginning and at the same time that explains the ideal emergence of two fundamental areas of Modernity, as well as the constant transformation of two months and their adaptation to these studies. See: GARCIA, M. L. Or process of formação do ideal two direitos fundamentais: some outstanding aspects da gênese do conceito. XIV Congresso Nacional do Conpedi, 2005, Fortaleza, CE. Available at: http://www.org/manaus/arquivos/Anais/Marcos%20Leite%20Garcia.pdf.

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