Os paradigmas constitucionais da renda universal: da utopia ao mandado de injunção 7.300

Abstract

This course conclusion work examines Law No. 10,835, of January 8, 2004 and the sole paragraph of article 6 of the Constitution of the Federative Republic of Brazil, that is, normative descriptions of Income Transfer Programs with a universal and perennial character, however – never implemented. Throughout this research, a theory was chosen based mainly, but not exclusively, on the theoretical basis provided by Eduardo Matarazzo Suplicy, the rapporteur and one of the exponents of Universal Income legislation in the country. This work has the general objective of describing the main Universal Income projects, discriminating the affiliation of income transfer projects carried out in Brazil, analyzing through the study of the Constitutional text whether there is a prescribed Universal Income mission and specifically analyzing which paths and limits the effectiveness of the universal basic income project, demonstrate the effects of each income project in relation to constitutional objectives, examine the economic efficiency of the rights now prescribed. The study was carried out under a descriptive guideline with extensive theoretical analysis based on books and articles related to the central theme of Universal Income, as well as its applicability to Constitutional Theory. The collection procedures were through bibliographic and documentary research, with qualitative approach, with the aim of relating the data for interpretation. An extensive analysis was also developed on the Writ of Injunction 7,300, the main decision regarding the effectiveness of Universal Income in Brazil. The results indicate that, despite the different theories about Universal Income, there is a prevalence of misinterpretations about its content, often confusing assistance programs with Citizen Income. This occurs both due to the lack of depth in the Universal Income Theory and the popularity and capillarity of assistance programs, in addition to the perception of insufficient fiscal reserves for their implementation.