The fundamental rights of minorities in the face of majority democratic decisions

Abstract

This paper studies the tension between majoritarian decisions and the fundamental rights of minorities. Through a legal study with a qualitative approach, the influence of these decisions on determining the content of rights, especially those of minority groups, was analyzed. Thus, through the study of democratic theories and accepting a minimalist position regarding the understanding of the concept of democracy, we concluded that fundamental rights are a limit to majoritarian democratic decisions and there are legal institutions that should be protected to safeguard minorities from a possible majorities’ tyranny.