This paper explores the basis for a conceptual formulation on the role of human rights in democratic politics, having the changes in the 1990's as starting point. The human rights can't be restricted to the constitutional scope. In other words, the analysis of the human rights based on an analogy with the constitutional rights is well suited to criticism. On the one hand, the pyramidal model of Rights supposed by such analogy has been subject to theoretical and practical questioning in the past few years. On the other hand, the human rights have a much greater role due to their international nature and the way they are inserted in the democratic politic dynamics.
Human rights; Constitutionalism; Democratic theory; Construtivism; Non governmental organizations