Jurisdição constitucional e a efetividade das prestações sociais do Estado
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Date
2018-08-30
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Universidade Católica do Salvador
Abstract
The present work, resulting from a bibliographical research, has as object of study the role played by the constitutional jurisdiction, as indispensable mechanism to control the omissions of the public power, especially when these omissions violate social rights protected in the Federal Constitution of 1988. In this context, objective to study the social rights and their programmatic nature, as well as their immediate applicability, in the light of Article 5, paragraph 1, of the Constitution of 1988. To this end, it analyzes the legal possibility of recognizing these fundamental rights as originating in benefits. It seeks to prove that benefits, which are the object of fundamental social rights, correspond to economically relevant material goods, whose implementation depends on positive action, of a State facere aimed at guaranteeing benefits to individuals, to guarantee them an existential minimum and, consequently, a life. It also verifies the scope of Article 60, paragraph 4, of the constitutionally established social rights. Finally, the paper intends to prove that the performance of constitutional justice can be considered a condition of possibility of the Democratic State of Law in force, notably under the aegis of a politically and economically globalized State.
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Direitos Fundamentais, Direitos sociais, Direito a prestações, Jurisdição constitucional, Controle judicial das omissões do poder público, Neoconstitucionalismo, Globalização, Dignidade da pessoa humana, Fundamental rights, Social rights, Right to benefits, Constitutional jurisdiction, Judicial control of omissions of public power, Neo-constitutionalism, Globalization, Human dignity