TY - JOUR AU - Oliveira, Lindomar Rodrigues de PY - 2019/06/24 Y2 - 2024/03/28 TI - COOPERATIVE CONSTITUTIONAL STATE: THE EFFECTIVENESS OF FUNDAMENTAL RIGHTS IN A GLOBOLIZED WORLD. JF - Cadernos de Dereito Actual JA - CDA VL - 0 IS - 11 SE - DO - UR - https://cadernosdedereitoactual.es/ojs/index.php/cadernos/article/view/376 SP - 68-88 AB - <p>In the present paper, we intend to analyze the theoretical-philosophical basis of a possible "Cooperative Constitutional State", therefore, the following question is posed: could this state be possible in a world that is constituted on a basis of such an heterogeneous nature? Because of this, could a state of a cooperative nature really be a reality or is it just a mirage? To try to answer these questions, we will start from Peter Häberle's theory as a theoretical basis to refine what will become the "Cooperative Constitutional State" and what will be its objectives.</p><p>             In the first topic, we will outline the theory of the "Cooperative Constitutional State", beginning with the problems that involve the current Sovereign State. This has developed from the "era of globalization" and its effects that in the end contest the authority of a state defined in the framework of classical theory and consequently its placement in the present world dynamics.</p><p>In the second topic, we start from the generic vision of a Cooperative Constitutional State and the difficulties in elaborating the possibility of a system that shelters and attracts the global society towards a more cooperative posture, which approaches the conceptual vision of that term postulated by Professor Peter Häberle.</p><p>In conclusion, this paper considers some aspects of the effectiveness of "Cooperative" or "open" norms, and whether they could be effective, in an increasingly turbulent scenario in which cooperation appears to be an imperative order.</p> ER -