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JURIDICAL AND PHENOMENOLOGICAL HERMENEUTICS OF HUMAN RIGHTS FUNDAMENTS / HERMENEUTICA JURÍDICA E FENOMENOLÓGICA DOS FUNDAMENTOS DE DIREITOS HUMANOS

This article explores the issue of international Human Rights proclamations and their vague application concerning the rights disposed. It also elaborates on the phenomenological philosophy in Edmund Husserl and its application as a scientific research method, emphasizing in applications in juridical research. It proposes the implementation of the phenomenological method as a solution to fulfill the need of understanding the essence of Human Rights as proclaimed in legal documents. Phenomenology, in Edmund Husserl is understood as a philosophy that allows an intuitive comprehension of the essence of things. That being, the phenomenological method of scientific research would be able to find the essence of phenomena and their fundamentals. It is a descriptive, phenomenological research, having as methodology the investigation of international legal documents that talk about ratified Human Rights in countries in all five continents, as well as the Brazilian juridical ordering and the existing lack of fundament concerning Human Rights such as freedom, equality and dignity.