The Fundamental Rights and New Rights studies focus on the fundamental rights support doctrines, the questioning of its understanding and conflicts, as well as the setting of contemporary theories. Thus, keeping an eye on the insurgence of new rights, which also means the revision of concepts. It questions the established paradigm, investigates the theory framework on which it firms itself, incorporating the need for rights, the social and legal effectiveness, in order to delineate a theory of sources and decision, thus highlighting the newly presented issues.