THE EFFECTIVENESS OF SOCIAL RIGHTS IN THE 1988 CONSTITUTION: LIMITS, ADVANCES AND THE ROLE OF PUBLIC AUTHORITIES AND THE JUDICIARY

Abstract

The Federal Constitution, in Article 6, defines the list of social rights that, along with individual rights, constitute the list of fundamental rights and guarantees. Access to social rights such as health, education, work, security, assistance, social security, among others, is a duty of the Brazilian State, which must ensure their positive promotion, that is, through laws, services, and public policies that enable their access to the entire population. However, the effectiveness of the public policies adopted by the State and their implementation are questionable. Therefore, this legal study, developed through bibliographic research, content analysis, discourse, and comparison of opinions and data previously published in legal doctrines and websites, discusses the effectiveness of social rights in Brazil according to the Federal Constitution, their limits, advances, and the role of the State as a public authority, as well as their discussion within the Judiciary. The result obtained includes the presentation of social rights, their characteristics, the means most applied by the Public Power to promote social rights and their effectiveness, whether within the scope of public policies and regulations, or through compliance with orders resulting from the judicialization of demands for access to social rights.