The fundamental right to food and its legal and international protection

• Autor(a) principal: Carvalho, Osvaldo Ferreira de
• Data de Publicação: 2012
• 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/11174
• topic: Fundamental Rights. Social rights. Right to food. International protection. Efficacy.; Direitos fundamentais; Direitos sociais; Direito à alimentação; Proteção internacional.

This article deals with the fundamental right to food and its legal and international protection. This right is recognized in various international instruments as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is noteworthy also that this right is provided and disciplined in many constitutions, such as Brazil’s 1988 Constitution in its article 6º. Devout, initially, to examine the idea of the state of fundamental rights to be a political model is founded on the guarantee of enforcement of fundamental rights. It is analyzed that the right to food is a fundamental right of self because their fundamental formal and material. Moreover, represents a social right of immediate benefit in the form of legally enforceable and binding precept. This right is indivisibly linked to human dignity, is inseparable from social justice to require state actors the adoption of public policies to eradicate hunger and poverty. The research was held to examine the instruments of international law and the constitutions that predict the right to food in establishing the contours needed for a dogmatic emancipation.