| Summary: | Human rights are those rights inherent in people simply by the mere fact of being human. Human rights are an essential feature of a democratic society, an expression of the state’s respect for its citizens, enshrined in constitutions and national laws. Thus, the indestructible association relationship between the notions of human rights and democratic society becomes apparent, because in the absence of a democratic regime, human rights do not have effectiveness. Another characteristic of society concerns the responsibility to determine what are the restrictions to be imposed on fundamental human rights. By using a research methodology based on legislative and doctrinal analysis, this article aims to argumentatively present that the margin of appreciation of states regarding the restriction of human rights is not absolute, since these limitations have limits that are provided for by international human rights law.
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