Limites ao poder de reforma: uma análise da fundamentalidade da previdência social

• Autor(a) principal: Silva, Letícia Fernandes Albuquerque da
• Data de Publicação: 2020
• Outros Autores: [e-mail]
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/18894
• topic: Power of reform; Stone clauses; Fundamental rights; Social security and Principle of Human Dignity; Poder de reforma constitucional; Cláusulas pétreas; Direitos fundamentais; Previdência social e Dignidade da pessoa humana; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO

This paper aims to list, analyze and discuss the limits to the power of reform, in the social security field, based on the fundamentality of social security. The 1988 Constitution is the result of constituent power and needs to be adapted to social reality so that it can continue to govern life in society. Such adjustment is accomplished through the power of reform, an instituted power, however limited by the rules imposed by the constituent power. The proposal intends to interpret in a systemic way the Fundamental Law of 1988, which sought to protect the individual against abuses of state power, option questioned by the democratic view. Therefore, this paper concerns the intention of building parameters that identify the interpretation of article 60, § 4º, IV, which established that proposals for constitutional amendments aimed at abolishing “individual rights and guarantees” cannot be the object of deliberation. The over constitutionality of these individual rights and guarantees imposes material limits on the power of reform. Such restriction is based on the protection of the individual and the dignity of the human person, in the face of changes that put their guardianships at risk. The greatest challenge lies in the contour of the limitations imposed, which represent the intangible core of the Constitution. The reflection on such limits is essential, especially after the pension reform promoted by Constitutional Amendment nº. 103/2019. The guarantee of a worthy life is also a social burden, being everyone´s duty, do not belonging only to the State. Every citizen must also be supported to pursue his goals. It is in this sense of creating a protective network, which safeguards man from a miserable life, that Social Security exercises its fundamental role of protecting individuals, as well as their families, against the adversities of life that prevent them from providing their own livelihood, securing minimum material conditions for the development of its citizens.