Efetivação judicial dos direitos fundamentais de segunda dimensão e reserva do possível: análise dos óbices à concretização da constituição federal de 1988

Abstract

This monography has as objective analyze the phenomenon of the justiciability of the second dimension fundamental rights in opposition to the reservation of possibility, aiming to understand which are the difficulties in achieving the objectives defined in Federal Constitution of 1988. Fundamental right will be studied in their various attributes, e.g, the second dimension fundamental rights, their effectiveness, as well as the restrictions which are imposed on them and their modalities, and others. During the investigation of these restrictions imposed to the fundamental rights, it will be studied the reservation of possibility related to the question of the material resources availability as a limitation of the achievement of these rights. Therefore, in this work, it is defended the guarantee of the minimum necessary to existence in association to the application of the principles of proportionality and the human dignity, in order to get rid of the question related to the reservation of possibility and, in this way, promote the achievement of social justice from the effectiveness of the fundamental rights.