A efetividade dos direitos sociais no Brasil: uma abordagem sobre a ineficácia do artigo 6ª da constituição brasileira de 1988

Abstract

This research analyzes the ineffectiveness of the 6th article of the Constitution of 1988 compared to the performance of the state and its consequences in the social context. This study is necessary because, in the second half of 2013 there were numerous demonstrations all over Brazil, in which the population was seeking improvements in health, education, housing and other social rights listed in the standard under discussion. These demonstrations were on the news of the most important papers all over the world. The text initially discusses the origin of social rights in the world, which were the first legislations to address the issue , the principles that guide social rights , its importance as a fundamental rule of law, and states that there are no differences between social and individual rights . It brings up the question of provision of law with charitable nature and analyzes the legal effectiveness of the standard socially. Later on it approaches the introduction of social rights in Brazil , when the Brazilian legislation dealt with the issue , and at what moment it comes into effect. Highlights each of the social rights listed in Article 6, its context within the Constitution of 88, and sparse standards, the disentangling of such standards and some of the consequences for its omission or irregular supply. It addresses the issue of social rights being included in the list of the fundamental clauses, even though not explicitly per se. Continuous act, addresses the ineffectiveness of the standard, the omission of Legislative and Executive powers as well as the need for the judiciary intervention to ensure the effectiveness of social rights. Finally, it approaches the events that occurred in the second half of 2013, the reasons that triggered the demonstrations, the claims and the positioning of the society and media and its results. The work was divided into a historical part that brings the origin of social rights in Brazil and the world, and one that addresses contemporary social rights of Article 6 of CF / 88 and the demarcation of the ineffectiveness of such law in the country. For all of the above it can be concluded that the law which deals with social rights, even though it is of paramount importance to man is still much neglected in Brazil , not being seen by our government as fundamental rule of law , which further corroborates with its ineffectiveness within the social context. However, one must consider that the population is becoming more aware of the importance of social rights , bringing forth numerous claims in favor of improvements for the social rights.