scholarly journals O DIREITO SOCIAL DE MORADIA

2021 ◽  
Vol 9 (209) ◽  
pp. 1-17
Author(s):  
Eduardo de Souza Canterle ◽  
Vitor Carlos Rodrigues de Oliveira
Keyword(s):  
Social Order ◽  
Human Person ◽  
Social Rights ◽  
Fundamental Freedom ◽  
Essential Point ◽  
Federal Constitution ◽  
The Social ◽  
Democratic Rule ◽  
Material Conditions ◽  
The Right

The importance of the social housing right for society is due to the fact that it is essential for it to be fair, free, equal and democratic. This article aims to analyze the effectiveness and applicability of the right to housing in Brazilian society by examining its explainingthe importance of this right for the dignity of the human person. Social Rights are provided forin art. 6 of the 1988 Federal Constitution and are characterized as content of the social order. They are related to fundamental freedom and equality, which guarantee individuals material conditions necessary for their dignified survival, consisting of essential assumptions for the exercise of citizenship and for the Democratic Rule of Law. The method used in this project was bibliographic research. Based on the constitutional provisions, which ensure the social right to housing as an essential point of this study, always interpreting them based on the concept of human dignity. We also use the best doctrines on the topic, using Constitutional Law manuals and articles to support our conclusions.

scholarly journals Emenda Constitucional Nº 90/2015: do Direito ao Transporte à Questão da Efetividade dos Direitos Sociais

2017 ◽  
Vol 18 (1) ◽  
pp. 65-72
Author(s):  
Marcelo Ferreira Ribas
Keyword(s):  
Fundamental Rights ◽  
Constitutional Amendment ◽  
Social Rights ◽  
Popular Participation ◽  
Social Effectiveness ◽  
The Public ◽  
Federal Constitution ◽  
The Social ◽  
Legal Nature ◽  
The Right

O presente artigo visa abordar a questão da efetividade dos Direitos Sociais a partir da análise da Emenda Constitucional nº 90/2015, que inseriu o transporte no rol dos Direitos Sociais da Constituição Federal. Para tanto, adota-se a metodologia de abordagem dedutiva, posto partir da análise doutrinária do direito material para compreender seus desdobramentos fáticos e, no desenvolvimento da pesquisa, emprega-se a técnica de documentação indireta, mediante o recurso à bibliografia de juristas que discorrem sobre o tema. Depreende-se que o reconhecimento do direito ao transporte como Direito Social apresenta-se como oportunidade para refletir acerca do conceito e da natureza jurídica dos Direitos Sociais e de seu lugar no ordenamento jurídico. Como Direitos Fundamentais, os Direitos Sociais privilegiam a igualdade material na sociedade e, para tanto, demandam prestações por parte do Estado em benefício da população carente. Juridicamente eficazes, a eficácia social ou efetividade encontra óbice na teoria da reserva do possível, por meio da qual o Estado alega insuficiência de recursos a serem dispendidos para a concretização desses direitos. Além disso, há também o poder de disposição do Estado para geri-los discricionariamente, por meio do qual age, por vezes, desconsiderando as expectativas da sociedade. Ao final, propõe-se o aprimoramento dos instrumentos que garantam a participação popular na gestão democrática do orçamento público e na tomada de decisões, em vista da superação dos problemas relativos à efetividade dos Direitos Sociais e, consequentemente, da distância existente entre a norma e a realidade.Palavras-chave: Transporte. Direitos Sociais. Reserva do Possível. Discricionariedade.AbstractThis article aims to approach the issue of the effectiveness of social rights from the analysis of Constitutional Amendment 90/2015, which inserted the transportation in the roll of social rights of the Federal Constitution. For that, the methodology of deductive approach is adopted, based on a doctrinal analysis of the material law to understand its unfolding events and, during the research development,the technique of indirect documentation is used, through the use of the jurists’ bibliography who discourse about the subject. It seems that the recognition of the right to transportation as a social right presents itself as an opportunity to reflect on the concept and legal nature of social rights and their place in the legal system. As fundamental rights, the social rights privilege the material equality in the society and, therefore, demand State provisions in benefit of the poor population. Legally effective, the social effectiveness or effectiveness finds obstacle in the reserve of the possible theory, whereby the State claims insufficient resources to be spent for the realization of these rights. In addition, there is also the State’s power to dispose of it at its own discretion, by means of which it sometimes acts in disregard of the society expectations. In the end, it is proposed to improve the instruments that guarantee popular participation in the democratic management of the public budget and in decisionmaking, in order to overcome the problems related to the effectiveness of social rights and, consequently, the distance between the norm and the reality. Keywords: Transportation. Social Rights. Reserve of the Possible. Discretion.

A Study on the Social Rights of Female-Headed Single Parent with a Focus on the Right to Work and Care

2021 ◽  
Vol 37 (1) ◽  
pp. 75-115
Author(s):  
Soo Jung Jang ◽  
Kyungheun Baek ◽  
Byoung-Inn Kim ◽  
Hyejung Lee ◽  
Jin Bhang Oh
Keyword(s):  
Single Parent ◽  
Social Rights ◽  
Right To Work ◽  
The Social ◽  
The Right

Consumption as an Althusserian Ideological Apparatus

2019 ◽  
Vol 26 (2) ◽  
pp. 133-145
Author(s):  
Omer Ersin Kahraman
Keyword(s):  
Social Order ◽  
Louis Althusser ◽  
Francis Fukuyama ◽  
State Apparatus ◽  
The Social ◽  
Symbolic Meanings ◽  
Material Conditions ◽  
Raymond Aron ◽  
The Masses ◽  
Labour Power

The end of ideology has been declared for several times by different writers like Raymond Aron, Daniel Bell and Francis Fukuyama. However, ideology still has an important role in the social order even though its structure has been adapted to the contemporaneous material conditions. Consumption, the consumptive production of labour power, has turned into a new language of socio-symbolic meanings in the twentieth century. In this way, consumption overshadowed its material basis, the needs, and obtained a new duty in the ruling ideology as an ideological State apparatus, keeping the masses in line. This article aims to investigate this aspect of the modern consumption practice in accordance with ideology approach of Louis Althusser.

Book reviews: Darwin

1992 ◽  
Vol 46 (2) ◽  
pp. 327-328
Keyword(s):  
19Th Century ◽  
Social Order ◽  
Industrial Revolution ◽  
Natural Philosophy ◽  
Labour Movement ◽  
The Social ◽  
Philosophy And Religion ◽  
The Press ◽  
The Right

Adrian Desmond & James Moore, Darwin . London: Michael Joseph, 1991. Pp. 808, £20.00. ISBN 0-3403-3 In Britain, as in much of Europe, the early and mid-19th century was a period of great social, political and intellectual turbulence. The industrial revolution was transforming the countryside, crowding the cities and disrupting the social order at all levels. The right to govern, long assumed by the duo of church and aristocracy, was being challenged. In 1848 Europe erupted in a cluster of radicalist revolutions and, though in Britain the threat of Chartism came to nothing, radical political thinking was taking root and would culminate, as the century progressed, in the ascendancy of Liberalism and the birth of the labour movement. In philosophy and religion, freedom of thought and discussion was rampant: questions once taboo as heresy were openly discussed (in 1880 Northampton was to elect an avowed atheist as its M.P.); utopian, evangelist and spiritualist groups abounded; developments in Natural Philosophy (which we now call science) were followed with enthusiasm, not only by naturalists, but by non-scientific intellectuals and (more surprising to us today) by the press and its now widely based readership.

scholarly journals O Direito-Dever à Cultura e à Preservação do Patrimônio Cultural

2014 ◽  
Vol 10 (20) ◽  
pp. 231
Author(s):  
Silviana Lucia Henkes ◽  
Alexandre Fernandes Gastal ◽  
Priscila Mielke
Keyword(s):  
Cultural Heritage ◽  
Social Participation ◽  
Direct Action ◽  
Intergenerational Equity ◽  
Inductive Method ◽  
Public Power ◽  
Environmental Preservation ◽  
Federal Constitution ◽  
The Social ◽  
The Right

O cidadão tem constitucionalmente assegurado o direito à cultura (artigo 215),assim como o dever de proteger o patrimônio cultural, já que o mesmo integra o meio ambiente (artigo 225 da CF∕88). Desse modo, o artigo tem como objetivo evidenciar a importância da participação social na preservação do patrimônio cultural, analisando os principais instrumentos jurídicos dispostos à consecução desta finalidade, como forma de assegurar a efetividade do direito-dever à cultura e à preservação do patrimônio cultural, além de garantir a equidade intergeracional no acesso à cultura e fruição do meio ambiente ecologicamente equilibrado. A utilização dos instrumentos jurídicos, de forma direta ou através da provocação dos entes legitimados, pela sociedade, potencializa a efetividade do novo regime jurídico-constitucional de direitos-deveres, tendo em vista que os instrumentos de tutela do patrimônio cultural específicos (inventário, registro, tombamento e desapropriação),  arrolados pela Constituição Federal de 1988 (artigo 216 §1º) dependem da ação direta do Poder Público e, na maioria deles, a participação social é relegada ao plano secundário, tornando-se perfunctória. A pesquisa estabelece a seguinte hipótese: a efetividade do direito à cultura depende da participação social na gestão e preservação do patrimônio cultural, inclusive, através da utilização dos instrumentos jurídicos de prevenção e reparação de danos, assim como, daqueles capazes de anular ou declarar nulos os atos lesivos. O trabalho foi desenvolvido a partir do método indutivo, foram usadas referências nacionais e estrangeiras. AbstractThe citizen has the right to culture constitutionally assured (article 215), as well as the duty to protect cultural heritage, once it integrates the environment (article 225 of the Federal Constitution, 1988). So, this article has the objective to show the importance of social participation in the preservation of the cultural heritage, analyzing the principal juridical instruments available to the consecution of this finality, as a way to assure the effectiveness of the right to culture and the preservation of the cultural heritage, besides guaranteeing the intergenerational equity in the access to culture and the fruition of the environment ecologically balanced. The use of the juridical instruments, directly or through the provocation of the legitimate, by society, potentiates the effectiveness of the right to culture, once the specific instruments of guardianship of the cultural heritage (inventory, registry, safekeeping and expropriation) mentioned in the Federal Constitution of 1988 (article 216, 1st §) depend on the direct action of the Public Power, and, in the majority of the instruments, social participation is relegated to a secondary plan, becoming perfunctory. The research establishes the following hipothesis:1) the effectiveness of the right to culture depends on the social participation in the management and preservation of the cultural heritage, including the use of the juridical instruments of prevention and repairing of damage, as well as those of cancellation and nullity of the harmful acts. Inductive method was applied to the work, and national and foreign references were used. KeywordsCultural heritage. Right to culture. Intergenerational equity. Environmental preservation. Juridical instruments.

scholarly journals Any Chance for the Enforceability of the Human Right to Subsistence?

2020 ◽  
pp. 140-162
Author(s):  
Celia Fernández Aller
Keyword(s):  
Fundamental Rights ◽  
Social Rights ◽  
Legal Analysis ◽  
Human Right ◽  
Complex Issue ◽  
Philosophical Foundations ◽  
The Social ◽  
Wide Range ◽  
Policies And Programs ◽  
The Right

It is not true that the idea of the right to subsistence should not give rise to much controversy. In fact, social rights are not considered as fundamental rights by everyone. The aim of this paper is to analyze whether abstract social rights –and the right to subsistence in particular- should be put in constitutions and laws and if judges should be given powers to interpret them. The philosophical foundations and the content of the right are studied and five great challenges are presented, although the most powerful one is to focus on the social and political enforceability of the fundamental right to subsistence. Assessing the effectiveness of the right to subsistence, and the right to food particularly, is a complex issue. In the legal discourse, the question seems to be only suggested.  Even when the Constitutions expressly recognize this right in some countries, its implementation faces many constraints. The progressive realization of ESC rights requires a complex interaction of policies and programs in a wide range of sectors and institutions.The scientific method used in this work is the legal-sociological method, regarding the understanding of the rules, the lack of them, their effectiveness,  etc.   Several methodological techniques have been used, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.

scholarly journals Dano and Alimanovic: the recent evolution of CJEU caselaw on EU citizenship and cross-border access to social benefits

2017 ◽  
Vol 3 (1) ◽  
pp. 65-80
Author(s):  
Rui Lanceiro
Keyword(s):  
Member State ◽  
Case Law ◽  
Social Benefits ◽  
Social Rights ◽  
Member States ◽  
New Approach ◽  
Cross Border ◽  
The Social ◽  
The Status ◽  
The Right

Since its inception, the concept of EU citizenship, as well as the rights and duties deriving therefrom, has evolved considerably, particularly in the area of social rights. ECJ case law has played a central role in defining the right of EU citizens to access social benefits in the host Member States, which meant a decrease in their degree of discretion to restrict the access to national social securities systems. However, the recent Dano and Alimanovic judgments represent a significant change from previous case-law, setting limits on the right of EU citizens to social benefits in the host Member States. The right of residence in another Member State appears to be dependent on the status of a worker citizen in accordance with the new methodology in order to avoid being an excessive burden on the social system of the host Member State. However, the new approach still leaves several unanswered questions. Were these decisions an attempt to address the “social security tourism” debate? Is the CJEU falling behind with regard to the protection of social rights? What will remain of previous jurisprudence?

scholarly journals European Union: From social integration to social state

2004 ◽  
Vol 56 (4) ◽  
pp. 447-464
Author(s):  
Luka Brkic
Keyword(s):  
Social Integration ◽  
Social Order ◽  
Common Knowledge ◽  
Political Influence ◽  
Political Debate ◽  
European Constitution ◽  
Social Standards ◽  
The Social ◽  
The Right ◽  
The Eu

This paper analyzes recent free trade arrangements from a positive political economy perspective. In contrast to most other literature, which fails to take into account geographical factors, it is argued here that proximity and transportation costs play an important role in trade arrangements. Another important also largely neglected factor is the degree of social cohesion in terms of labor standards among potential trading partners. Accepting social integration might also be a condition for admitting those countries to the agreement. Changes of trade policy over time can therefore be explained by changes in the relative political influence of the sectors considered. The other important factors are, of course, a change in the degree of retaliation, leading to lower tariffs under higher retaliation, and a leveling of social standards. Redistribution across countries could also considerably change the optimal rate of tariff. The EU with its regional cohesion funds might be a good example of how those are used as a side-payment for diminishing the social divergence in the member countries. Countries with higher standards should only be willing to integrate when others raise their social standards as well. The negotiations about the social protocol in the EU indicate that this is in fact the case. More than 40 years of European integration have led to an habituation of thinking of the European Community as something ideologically neutral, which transcends normal political debate. European issues, it seems, do not fit the structure of the usual right-left ideological controversy. The only open fault-line in European politics is between advocates of "more" and those of "less" integration. The paper explores the potential cognitive and political gains of a change of perspective. It argues that the issue of more or less integration is often not interesting in itself but only to the degree that it influences the content of policies. It further shows that the policies at stake are normally such, that they can be usefully debated in the right-left framework. The decision about the site of policy control - national or European - is often only the guise in which a decision about the redrawing of the boundary between market and state, between the sphere of competitive allocation and the sphere of political coordination, materializes. This paper aimed at stressing the fundamental differences between conventional and contractarian constitutional orders. To achieve it, we have used the concept of common knowledge and have related it to its political philosophy background, especially with regard to communication and induction. The former generates a spontaneous social order - it is an evolutionist view that belongs to the Hume - Menger - Hayek tradition. The latter produces a contractarian vision shared by the Brennan-Buchanan-Tullock tradition. We consider here a basic distinction between institutions and conventions. An institution is considered as a formal, explicit rule, while a convention appears to be a tacit, implicit agreement. The former can be associated with contractarian constitutionalism, whereas the latter is related to evolutionism. In this context, institutions should not be understood as formalized conventions (such as law in Hayek). They are rather the expression of a voluntary and deliberate agreement, of a covenant. The application describes features relevant to the development of a European constitution and the corresponding unified legal system. It requires a clear vision of what a European "state" is meant to be or become. Then, once a constitutional setting is chosen, one must address the question of legal organization, in particular the nature of administrative law. Two different acceptation of law are thus associated with the two concepts of convention and contractarian institution. The former can be regarded as customary rule a kind of common knowledge that emerges from tradition and sympathy. By contrast, the latter is the place of explicitly created common knowledge. If it is to become more integrated, Europe will have to tackle this constitutional question, either in an evolutionary or in a contractarian way.

scholarly journals Dr. Bhim Rao Ambedkar’s Views on Social Justice: An Appraisal

2021 ◽  
Vol 25 ◽  
pp. 583-589
Author(s):  
Sanjeev Kumar Bragta
Keyword(s):  
Social Justice ◽  
Social Order ◽  
Equal Opportunity ◽  
Social Economic ◽  
Social Rights ◽  
Indian Constitution ◽  
The People ◽  
The Social ◽  
Social Opportunities ◽  
Diverse Society

Baba Sahib Bhim Rao Ambedkar views on social justice are the very basis of the Indian Constitution. The social justice means providing equal social opportunities to everyone to develop their personalities, associated with equality and social rights. In every state it becomes important to secure a social order based on justice and creating an equal opportunity available to everyone. Mostly, the people are being treated with discrimination in size, color, caste, religion, race in the society because of they are mostly uneducated and from marginalized sections of the society that creates a social disorder and inequality among them. Hence, the need of the social justice is an inevitable and is the only weapon to prosper the people towards their active participation in the development and mainstream of the society. However, it becomes important to establish an egalitarian social, economic and political order in diverse society like India. It’s in this backdrop the article tries to explore the concept of social justice and Ambedkar view on it. How far Ambedkar’s reflection is visible in Indian Constitution and its relevance in the present times.

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