SOCIAL RIGHTS AND PATERNALISM IN THE CONTEXT OF THE SOCIAL STATE

• Autor(a) principal: Maliska, Marcos Augusto
• Data de Publicação: 2018
• Outros Autores: Carvalho, Fabrício
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/247

This paper deals with the relationship between paternalism and social rights. The social principle, adopted by the State especially after World War II, significantly expanded the state's field of action, opening a greater path to anti-paternalist critique. The main criticism of paternalism concerns the restriction it imposes on the autonomy of the person - autonomy as the capacity for choice. For its part, the Social State has assumed, among other tasks, the guarantee of social rights and the standardization of social conditions, which imply an increase in the level of State intervention. Thus, the present article sought to affirm the need to adapt anti-paternalist critique to the tasks of the Social State, and to demonstrate that, although not all paternalistic actions are justifiable, some paternalistic actions may be justified by the consent - expressed or hypothetical - of the person to whom paternalistic treatment is given. At the end, it is concluded that the Social State has the hard task of intervening in society to promote social rights while at the same time must respect, as much as possible, the right to autonomy of individuals.