Restrições aos direitos sociais em estados em crise econômica

Abstract

The present study aims to analyze the restrictions of social rights by economical crisis in which the restrictions to social guarantees are used to cut governmental expenses. As fundamental prescriptive rights, social rights lack special protection since they are under threat of restriction by inexistence of public funds. Such restrictions come as well from their programmatic nature, the need of budgetary allocations and the discretion of government. Therefore the study of social rights initiates by the analysis of its historical evolution and its nature as a fundamental right in Brazil. Afterwards the study shall focus on the argument which justifies restrictions to social rights. The framing of the present study will be focused on the economical crisis of 2008, especially in Portugal‟s case, which represents an economy in serious economic upheaval and in which the State has adopted austerity policies, reducing dramatically social guarantees. Finally, the study will approach the limits imposed to the restriction of social rights, presenting constitutional which guarantee the protection of social rights and impose limits to eventual restrictions of social rights of individuals.