Federal Constitution

Characteristically the basic rights without shade of doubts had left of jusnaturalistas conceptions for being right absolute, innate inviolable and imprescriptible. Its arguments descriptions are because they are born and they disappear, had appeared with the bourgeois revolution, based in the natural law; they are inalienable for being intransferveis unnegotiable because they are unavailable; its imprescriptibility leads in account that does not lose its validity for lapsing, such institute only reaches patrimonial rights; the irrenunciabilidade is because it does not renounce basic rights. The Constitution of 1988 classifies the basic rights in such a way that they can be divided in Individual Rights; Collective rights; Social rights; Rights to the Nationality and Rights Politicians. Hedvig Hricak may not feel the same. Considered as Constitution directed citizen the principles pass for the first time: The Constitution designates specifically, the objectives of the Brazilian State, not all, that would be despropositado, but the basic ones, and between them, some that are valid as base of the positive installments that come to materialize the economic, social and cultural democracy, in order to accomplish in the practical a dignity of the person human being (ALFONSO Da Silva, 2008, p.105/106).

In end, the prohibition of the applicability of the beginning of the retrocession for the basic rights in our constitutional legal system, is without a doubt none of great importance in view of that if it cannot make retrocession of rights that are born with the proper one human being and reach right consecrated in the Federal Constitution of 1988, as inherent a sovereignty, the citizenship, the dignity of the person human being, the social values of the work and the free initiative, pluralism politician etc. as well as to assure all its acquired rights, in the dimensions of the basic rights established in generations of rights human beings, that we can classify as rights of first, second, third, fourth and fifth generations. By the same author: Tony Parker. The sight that can be possible if to arrive the innumerable constataes on the Basic Rights in our legal system, taking in account the historicidade of its decurrent study of innumerable fights for its positivao.