THE EFFECTIVENESS OF FUNDAMENTAL SOCIAL RIGHTS AND THE PROTECTION OF MINIMUM CONTENT TO GUARANTEE THE DIGNITY OF THE HUMAN PERSON

Abstract

This research aimed to address the effectiveness of Fundamental Social Rights, protecting the minimum existential content in order to guarantee the Principle of Human Dignity. To this end, we approached the general concept of fundamental rights, identifying its main characteristics and the difference with Patrimonial Rights, starting briefly to focus on the constitutional principles of proportionality and reasonableness in the application of fundamental rights and the inspection of norms before its violation. Afterwards, it started with a specific applicability, explaining what the fundamental social rights are, then dealing with the minimum existential content and the justiciability of such rights, relating to the Theory of the Possible Reserve and its use before the Judiciary as the State's claim to remove the minimum existential content from its duty to apply fundamental social rights. It also dealt with the social effectiveness of such rights, as they demand the distribution of State resources and the practice of public policies to make them socially effective. The principle of the Dignity of the Human Person has been addressed to explain its relation to fundamental social rights. For this reason, an analysis of the effectiveness of fundamental social rights is necessary, as their applicability is not effective, there is nothing to be said about the Dignity of the Human Person, since those are precursors of that. As for the methodology, the techniques of referent, bibliographic research, category and operational concept had been used.