The effectiveness of social rights by the judiciary and the reserve for contingencies

• Autor(a) principal: Roldão Bedin, Débora Cristina
• Data de Publicação: 2009
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/10750
• topic: Direitos sociais prestacionais; Efetivação; Reserva do possível; Poder Judiciário; Mínimo existencial.

This article focuses on the realization of prestacionais social rights by the judiciary in the face of obstacles imposed by the principle of reserve for contingencies. Initially, a brief discussion was held on the classification of fundamental rights, especially emphasizing the content of prestacionais social rights, which are aimed at a positive conduct of the state, requiring for its realization the existence of material resources. After the study focuses on the question of the applicability and efficacy of constitutional norms of social rights, noting that the problem of implementation of social rights prestacional nature depends not only specification of its normative content, but mainly from the allocation of resources necessary to achieve the desired end. On the subject, addresses the significance of the possible reserve clause, analyzing some existing understandings on national doctrine than would be possible and reasonable to make the State due to the scarcity of state resources sufficient to meet the entire social demand. Finally, it analyzes the possibility of the Judiciary achieved and implemented the prestacionais social rights necessary to satisfy the existential minimum, guarantee conditions indispensable to human dignity.