Repensando as formas de proteção dos direitos sociais na pós modernidade: crítica à prevalência da liberdade individual e econômica das partes
This paper has as object the new conception of the National State whose changes operates as part of the results of globalization in which the economic freedom was valued while the social rights was undervalued. The State,with political and territorial restrictions, suffered a loss of power inside th...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7402756 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 12, Nº. 1, 2020 |
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| Summary: |
This paper has as object the new conception of the National State whose changes operates as part of the results of globalization in which the economic freedom was valued while the social rights was undervalued. The State,with political and territorial restrictions, suffered a loss of power inside this new reality known here as post modernity. Under this perspective it has been verified a process of “flexibilization” and“deconstitutionalization” of social rights, including in Brazil, with radical changes of paradigms considering the increase of the privatization process of what occupied the public space. This study justify itself by the need to rethink forms of fundamental rights support in face of this paradigm change. The deductive method was chosen, with bibliographic researchin a critical and interdisciplinary approach. The final understanding was the necessity to develop ways capable of protecting the social rights under the post modernity perspective, defending the application of principles that sustain the social rights in private contracts in order to make them compatible with economic freedom as public value maker. |
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