The effectiveness of social rights guaranteed by the constitution of 1988

• Autor(a) principal: Curado, Silvana Fleury
• Data de Publicação: 2014
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica da Escola Superior do Ministério Público de São Paulo
• Texto Completo: https://es.mpsp.mp.br/revista_esmp/index.php/RJESMPSP/article/view/157
• topic: Social rights; effectiveness; Constitution of 1988; Direitos sociais; eficácia; Constituição de 1988

This study developed an analysis of the limits of the treatment given to social rights, both in its international recognition as human rights, from the Universal Declaration of Human Rights, 1948, and the International Covenant on Economic, Social and Cultural Rights of 1966, as in its constitution at the national level, from 1934. These limits are considered as factors that relate to the effectiveness of constitutional norms brazilian about social right, in that there is considerable difficulty of applying the social advances provided by the Constitution of 1988. Developed, thus, an analysis on the process of internationalization of human rights, focusing on economic, social and cultural rights, and their reflections in fact constitutional country. Were presented constitutional actions aimed at achieving the rights guaranteed under the Constitution and be assessed the challenges faced by the Brazilian government to make effective the social benefits from the process of overcoming the authoritarian regime established in the country in 1964 and lasted for more than two decades.