Justice as fairness and equal capabilities : a fundamental rights protection system

Abstract

The Federal Constitution provides a list of rights and guarantees , with the aim of building a just and egalitarian society. Is persisting debate about the level of protection of these rights . The article discusses the fundamental rights from the perspective of the theory of justice of John Rawls , complemented by equal Amartya Sen. capabilities The goal is to demonstrate that justice as Rawlsian equity, with the informational basis of the capabilities approach , contributes to the discussion the present principles that guide state action to ensure that everyone can have guaranteed their fundamental rights. It was used a theoretical approach and , as a methodological procedure , bibliographical , documentary and descriptive . In front of the table , it appears that the Rawlsian justice promotes the implementation of fundamental rights within limits .