A URGÊNCIA NA EFETIVIDADE DOS DIREITOS FUNDAMENTAIS SOCIAIS

Social and fundamental social rights need to be implemented urgently, making the constitution Closer to reality, observing the normativity of constitutional principles, including those of a procedural nature. The Federal Constitution chose the Dignity of the Human Person as the most important principle and, to give greater density, it brings other material principles, including others of procedural law, in addition to the list of fundamental rights, wit de purpose of enabling the effectiveness of rights social fundamentals, since factual freedom is only achieved when the individual has access to decent housing, sufficient food, quality education, health, and other necessary benefits in live with the social reality of each location. The Legislative Branch, which has more legitimacy to make choices, with the allocation of budgetary resources, to give density to social and fundamental social rights, does not act in this sense. The Executive Branch, for its part, has not demonstrated political efforts to establish policies, in order to give effect to social and fundamental social rights. In this way, it is up to Judiciary, when provoked, by individual or collective actions, as well as, within the scope of constitutional actions, to interpret the Constitution, extracting maximum effectiveness from the constitutional principles of the Social State, with the help of the instrumental principles of reasonableness and proportionality, and procedural principles.