Direitos fundamentais a prestações sociais e crise: Algumas aproximações
Although there are a lot of differences in the way countries recognize, protect and promote social rights, the provision of social rights in international law and the diffusion in regional and even at national constitutional contexts provides certain common ground in terms of theory and practice. In...
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| Format: | Article |
| Language: | Portuguese |
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2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277374 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 2, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 459-488 |
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| Summary: |
Although there are a lot of differences in the way countries recognize, protect and promote social rights, the provision of social rights in international law and the diffusion in regional and even at national constitutional contexts provides certain common ground in terms of theory and practice. In this paper, we discuss not only different dimensions of the crises experimented by fundamental social rights, but also the problem of their adjudication. Then, our focus is the prohibition of retrogression and the protection of the minimum core of social rights (or even the existential minimum), trying to find out if those guarantees could be an effective instrument to assure at least certain levels of social protection on constitutional basis in times of social and economic crisis. |
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