Fundamental rights are the basic individual, social, political and legal rights that are provided for in the Federal Constitution of a nation.
As a rule, fundamental rights are based on human rights principles, guaranteeing freedom, life, equality, education, security and so on.
However, the establishment of fundamental rights takes into account the historical and cultural context of a given society. In this case, for example, the fundamental rights of different countries may diverge, according to the cultural and historical particularities of each civilization.
Fundamental Rights and Guarantees in the Constitution of Brazil
In Brazil, the Federal Constitution of 1988 determines the fundamental rights of all citizens of the country, whether they are born or naturalized.
According to the structure of the Constitution of Brazil, the Fundamental Rights and Guarantees are subdivided into three main nuclei: individual and collective rights; social and national rights; and political rights.
Among some of the fundamental rights of the Brazilian Constitution are: to life, liberty, equality, security, education, health, housing, work, leisure, assistance to the destitute, transport, voting, among others.
human rights and fundamental rights
Some people confuse both as if they were synonymous, but the concept of human rights is considered distinct from the so-called fundamental rights.
According to some scholars, the human rights they have a universal and timeless character, being valid for all people in the world, regardless of their nationality, ethnicity, culture and so on.
already the fundamental rights they are interpreted as having a national character, as they are intrinsically related to the guarantees provided by a certain State to its citizens.
However, the confusion between human rights and the fundamental rights of the constitution is due to the fact that the latter is mostly inspired by the former.
See also the meaning of Human rights, 10 Principles of the Rights of the Child and Constitutional principles.