Robert Alexy's Rules Ponderation and Narciso Baez's Theory Of Double Size of Human Rights in Analysis of Rights in Conflict Infanticide Concrete Case in Indigenous Villages

Abstract

This article aims to analyze the issue of the collision of fundamental principles and rights in the light of the theories of Robert Alexy and the theory of the double dimension of the human rights Narciso Leandro Xavier Baez. It proposes an analysis of the concepts developed by Robert Alexy on norms and principles and situations of conflicts between rights. Alexy proposes weighting rules as an alternative to resolving conflicts between principles, providing the prevalence of one over the other in this case by applying a formula. Baez presents the theory of the double dimension of human rights as an alternative to the solution of cases in which there is violation of human rights, serving as a tool for resolving apparent conflicts between rights in these situations. In the article, exposes the case of infanticide in northern villages of Brazil, where cultural aspects of those people are in conflict with the right to life of the murdered children. The application of Alexy and Baez theories lead to similar results, demonstrating effective use of both for the interpretation of cases of conflicts between fundamental principles and rights.