The Correlation Between Civil Engineering And The Right To Freedom And Security - Aspects Analyzed By Reference To European Legislation -

Abstract

The evolution of human society, the complex and tortuous nature of the relations born within the states, as well as at the supra-state level, be it regional or global, determines the need to identify new legal, but also political-economic instruments, measures to protect rights and the fundamental freedoms of man in general, of individual freedom in particular, in permanent counterweight to the tendency of state repression that any government manifests towards its citizens, sometimes openly or sometimes discreetly, under well-founded or imaginary pretexts. In this sense, recognizing the need to limit the state's discretionary power, the theory of reflexive rights and state self-limitation more clearly emphasized the determinism established by the state for the regulation and exercise of fundamental rights, stating that fundamental rights are born from the state's self-limitation1, these fundamental rights constituting the barrier that limits the powers of public authorities, ensuring individuals their natural freedom of action within a determined framework. The interest shown by the inscription of human rights in international documents is due not only to a real concern for the need to promote and guarantee the rights and freedoms inherent to the human being, but also as a result of the fact that, often through the neglect or flagrant violation of these rights and freedoms, conflicting situations have been created that endanger the condition of the free man, the ideals of peace, stability and security, perpetuated in the philosophical-religious and social culture of most peoples.