In this article author addresses national security documents of United States (US) and European Union (EU) and later measures their impact on constitutional and fundamental rights. That is why the paper starts with demonstrations of definitions about terrorism that can be found in most important national and international documents and security strategies. Later, through analysis of documentation, the matter shall come to the power of counter-terrorism legislation in EU and US and lead to presentation of two different approaches in understanding counter-terrorism legislation, the ones that author found appropriate to be part of the paper and that were also named by the same. Situation on counter-terrorism legislation in Brazil shall be described just before author concludes that none of the above described approacher are solution for current “game on fundamental rights” and tries to answer the previously presented debate by posing possible solution and ground point to the future research.
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