Democracia e Direito

This paper aims at analyzing, through "constitutional civil" hermeneutics, the interactions between Law and democracy, with emphasis on the promotional function of Law and the influence of Human Rights and globalization processes on democracy. For this, we analytically take into consideration the relation between economic liberties, fundamental rights and human dignity in their diverse implications, to conclude that the constitutional scenario and the nucleus of values and principles from which they are derived constitute the only path for establishing the necessary interaction between social and economical matters in order to reestablishing the fair balance between value rules and market rules. The protection of vulnerable persons and the effective protection of their rights, therefore, may encounter full realization only by pursuing market ethics that may be an authentic expression of values and principles acknowledged and guaranteed by Constitution.