The fundamental rights issue in the current multicultural society

Abstract

The present article develops the fundamental rights theme inside modern and multicultural societies, like the Brazilian social structure. Beyond a pessimistic view exposed in the capitalist social democratic state and in the garantistic and communitarian law of the 1988 Brazilian Federal Constitution, it proposes to trace the contours around a diatopical hermeneutics, according to Boaventura de Sousa Santos terms. Passing through Slavoj Zizek multiculturalist view, the article looks for the disclosure of a new view of thinking the difference, the other one and, consequently, the Law.