Princípio da primaziado acertamento judicial da relaçâo jurídica de proteçâo social
This present work searches to formulates specific line of direction for the processes that have as object the right of social protection, notion that in the text is corresponding to the one of social security. It identifies the nature fundamental of the social protection. It shows the inadequacies o...
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| Format: | Article |
| Language: | Portuguese |
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Universidad Libre
2012
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4032790 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 36, 2012, pags. 175-192 |
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| Summary: |
This present work searches to formulates specific line of direction for the processes that have as object the right of
social protection, notion that in the text is corresponding to the one of social security. It identifies the nature fundamental
of the social protection. It shows the inadequacies of the liberal-individualist paradigm of procedural to
attempt the basic rights to social protection, that deludes the basic right to adequate jurisdictional protection when
it disrespects binding effectiveness of the basic social rights, leaving to carry through them integrally. Using itself the
inductive method, the work identifies cases to demonstrate, from the deductive method, the error of the traditional
conception of jurisdictional control of the legitimacy of the Power Public. From theses bases, the article identifies the
principle of the primacy of the judicial adjustment of the legal relation of social protection as the adjusted normative
technique to the to the accomplishment of the requirements of the basic right to a fair trial and the basic rights of
social protection. |
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