Da titularidade à co-titularidade dos direitos fundamentais sociais: pressuposto à adequação procedimental da sua tutela

Abstract

The text deals with the ownership of fundamental social rights, criticizing the use of the category of subjective rights and building on assumption that the theoretical demarcation of ownership of social rights, subject based on the idea of individual rights is not sufficient for a construction of a conceptual arsenal returned to its effectiveness. The paper proposes the adoption of the category of co-ownership for understanding its legalization, focused by a procedural view and aiming at the optimization of it tutelage in court.