Reflexos da proibição de retrocesso na efetividade dos direitos sociais: limites aos limites dos direitos sociais na deflagração de crise econômica
This essay takes for issue the effectiveness of social rights and focus a central view on their vulnerability in the scenario of a severe state economic crisis. It is adopted, as the main research problem, the risk of perishing of indispensable social services, facing the unfolding of prohibition of...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6120955 |
| Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 13, Nº. 2, 2017 (Ejemplar dedicado a: Revista Brasileira de Direito. Mai-Ago/2017), pags. 120-136 |
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| Summary: |
This essay takes for issue the effectiveness of social rights and focus a central view on their vulnerability in the scenario of a severe state economic crisis. It is adopted, as the main research problem, the risk of perishing of indispensable social services, facing the unfolding of prohibition of social retrogression in the protection and effectiveness of social rights. The research is justified by the current political and economic conditions in Brazil, which gradually affects the scope of protection of social rights. The labor structure comprises, at first, an historical revival of recognition of human rights, fundamental rights and social rights; then it is investigated the extent of effectiveness of social rights, focusing on the principle of prohibition of social retrogression and, finally, the consequences of this so called principle on the protection and in the effectiveness of social rights under severe conditions and indisputable economic crisis are examined. To develop this research, it is adopted the qualitative and bibliographical enforcement, applied the deductive method as well. |
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