(In)eficácia do artigo 7º, IV da Constituição: valor do salário mínimo X custos reais para suprir as necessidades da família média

Abstract

This article starts from the research question: is the concrete value of the Brazilian minimum wage constitutional in light of the real needs of the average family? The general objective was to discuss the (un)constitutionality of the concrete value of the Brazilian minimum wage in light of the real needs of the average family. This research is focused on the constitutional scope and aspects of fundamental social rights, especially regarding the minimum wage as a mechanism to ensure the dignity of Brazilian workers. As specific objectives, the first was describing the legal protection of the social rights of the Brazilian worker, turning to the minimum wage to make them effective; as well as reflecting on the real costs of accessing the social rights listed in article 7, item IV of the Federal Constitution. This research adopted as methodological techniques bibliographical review and documental analysis, specifically the constitution and infra-constitutional laws related to the subject, besides recent data that indicate the condition of the total average expenses of the Brazilian family. The results show that there is difficulty in accessing the existential minimum due to the gap between the values needed to supply it and the minimum wage.