Guarantees and The Others

Abstract

Within the different human rights conceptions currently ex- isting, the guaranties based (garantistic) theory proposed by Luigi Ferrajoli has found wide acceptance between both modern states legal institutions and law science professionals. However, is this theory enough to understand on its full the complexity of human rights as social phenomena? Like all theories, this one has its limits and those must be questioned, especially since it was created to protect the interests of a minority that has materially guaranteed the enjoyment of their rights. One way to ensure the continuity of the status quo is through the legitimate use of violence that seeks to break the social discomfort and alteration of the vertical line of law enforcement.