The role of state constitutions in the densification of fundamental rights at the subnational level in federal or quasi-federal countries: A prospective agenda from the Brazilian case

The research focuses on a critique of the thesis that fundamental rights are present only at the federal constitutional level. There is a neglect of the role of state constitutions (in federal countries) or subnational legal arrangements (in quasi-federal countries). The state constitutions are also source of bill of rights. Its strengthening serves the multi-level protection of rights, at the lowest level. In this context, the state Courts also play an important role in affirming local rights regarding specificities of each state of the federation. The research is developed from the Brazilian case, however confronting with experiences of state constitutions of other federal or quasi-federal countries, as United States, Mexico, Argentina, Italy and Spain.