RESENHA DO ARTIGO PROPORCIONALIDADE E A EMENDA CONSTITUCIONAL 95/2016

The article "Proportionality and Constitutional Amendment 95/2016," authored by Cláudia Toledo, Camila Baeta, Isabel Nascimento, and Isabela Silveira, examines the new fiscal regime introduced by EC 95/2016 due to uncontrolled public finances and its impacts on fundamental rights. The authors argue that the amendment does not satisfy the principle of proportionality as outlined in Robert Alexy's theory of principles. They highlight that while some aspects of the amendment are adequate, it fails to meet the requirements of necessity and strict proportionality, adversely affecting basic rights such as health and education. Moreover, the authors criticize the legislator for not adequately assessing the impacts of budgetary restrictions, concluding that EC 95/2016 should be adjusted to minimize harm to fundamental rights and ensure a fairer balance between state actions and their effects on the population.