SOCIAL RIGHTS AND PUBLIC POLICIES FROM THE PERSPECTIVE OF THE PROHIBITION OF INSUFFICIENT PROTECTION AND THE CRITICAL RECONSTRUCTION OF THE LIMITS OF ACTION OF THE BRAZILIAN JUDICIARY

Authors

• Carine Labres

Abstract

This work analyzes the concept attributed to fundamental rights, their emergence, the functions performed and the importance they assume in the Brazilian idealization of the Democratic Rule of Law. The relationship with the value of human dignity and the guarantee of the existential minimum is addressed, understood within the scope of application of social rights, from the perspective of reserving what is possible and proportionality, with an emphasis on the prohibition of insufficient protection. The constitutional attribution and limits that guide the Legislator's conduct are investigated in comparison with the actions of the Judiciary in the scope of controlling the implementation of benefit rights and its interference in the election of public policies. The method adopted is hypothetical-deductive, qualitative research, bibliographical research technique.