Metaconstitucionalismo, questões humanitárias e dignidade da pessoa humana na era pós-moderna

This academic paper aims to establish scientific dialogues between the concepts of metaconstitutionalism, humanitarian issues and the dignity of the person, considering the postmodern statehood scenario, which is still under construction and highly complex. It is based on an examination of the importance of metaconstitutionalism for both International Humanitarian Law (IHL) and International Human Rights Law (IHRL), in its cosmopolitan aspect of the legal regime for the protection of human dignity. Thus, based on a deductive methodology, we start from the premise that metaconstitutionalism is the main point of convergence of Human Rights and Humanitarian Law for post-modern conflicts. The conclusion is that the guarantee of a dignified life on a planetary scale finds its greatest obstacle in the lack of a Kantian-inspired metaconstitutional legal system that transcends the constitutional protection of sovereign states.