O acesso à energia elétrica como direito fundamental social: o programa luz para todos e a prestação jurisprudencial em sua concretização

Abstract

Fundamental rights constitute the pillars of the modern social contract between States and Individuals. And all essential rights, in varying degrees, are based on the dignity of the human person. Some fundamental social rights are necessary to implement others, even not listed in the Constitutional Charter. This concerns access to electrical energy as a fundamental social right Which, despite not being included in the exhaustive list of Title II of the Constitution, is considered because of the regime and principles adopted by the Magna Carta. Access to electrical energy constitutes an essential public service that must be universalized, so that, through this service, compliance With the existential minimum can be guaranteed, the provision necessary for a minimally decent standard of living. It seeks itself, based on bibliographical research, political-administrative and judicial decisions, to prove this implicit understanding that, as a social right, electrical energy must be guaranteed to everyone as a prerequisite for meeting freedom and basic needs