EC. 45/2004 E A INCORPORAÇÃO DOS TRATADOS INTERNACIONAIS SOBRE DIREITOS HUMANOS SOB A ÓTICA DA TEORIA DA FUNDAMENTALIDADE MATERIAL

This work aimed the analysis of the rising position which underlies the constitutional value and hierarchy of the international human rights treaties incorporated in the Brazilian normative system due to the theory of the material fundamentality of the rights. The study was elaborated by bibliographical and jurisprudential researches, and, by them it was possible determining the necessary theoretical basis to defend the essentiality of that theory due to the human needs nowadays.