On the eve of the thirtieth anniversary of the Constitution, it is urgent to take stock of this reality. The 1988 Constitution structures the welfare state model with a view to eradicating inequalities based, above all, on the strengthening of the social order and the protection of human rights. In this sense the prospective meaning...
Tag: <span>Melina Fachin</span>
Brazilian Social Constitutionalism 30 years later: why so distant?
The Brazilian Constitution promulgated in 1988 charted a state welfare project aimed at eradicating inequalities based, above all, on the strengthening of the social order and the protection of economic and social rights. It was our first constitutional text to take social economic rights seriously, granting them immediate applicability. However, in social and economic rights...
Social rights in times of economic crisis: the role of the courts
Crisis is the word to sum up the present situation in Western constitutional discourse. The co-causality is unconcealed: economic problems are products and producers, at the same time, of constitutional problems experienced. The project of constituent social democracy became the focus of reforms; the prediction of social rights and guarantees came under heavy attack. Other...