O princípio da proibição de retrocesso social

Abstract

This essay has as main objective to develop the thesis about the existence of the principle of prohibition of the social retrocession on brazilian legal system, so it can avoid the suppression or reduction of Fundamental Social Rights in levels already accomplished and granted to brazilians. In order to achieve this purpose some steps must be taken. First of all, a study on the constitutional dirigisme theme is done, trying to demonstrate the inherent relation between the so called constitutional programmatics rules and the principle of prohibition of the social retrocession. Second, the Fundamental Rights Theory will be studied in order to understand properly the topic in discussion, the Fundamental Social Rights. Finally, after a general analisys on the principle of prohibition of the social retrocession is made, it is reached the hypotheses on this principle being effectively used to prevent the retreat by the legislator of the regulation on Fundamental Rights granted in our Constitution.