Moradia digna e a proteção jurisdicional dos direitos sociais: Conteúdo, limites e exigibilidade

This work seeks to indicate the legal-constitutional grounds of the right to decent housing, establishing its content and limits to enforceability within the scope of constitutional review. The foundations that the existential minimum brings to the interpretation of the right to decent housing are also examined, seeking to analyze how the realization of fundamental social rights implies not only the obligation to promote public policies as an essential core of public power, but also the need to advance public spending to guarantee the realization of these goods and values. In this sense, the effectiveness of social rights and their relationship with the reservation of the existential possible and minimum are discussed, as well as the role and institutional limits of the Judiciary in this context.

Authors

Publication Details

Journal
Revista do Instituto de Hermenêutica Jurídica
Published
2024-12-01
DOI
https://doi.org/10.52028/rihj.v22.i36.art07.pe
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
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article

Moradia digna e a proteção jurisdicional dos direitos sociais: Conteúdo, limites e exigibilidade

Matheus de Oliveira Santos, Glauco Salomão Leite, Maria Auxiliadora Souza Rodrigues de Oliveira Salomão
Revista do Instituto de Hermenêutica Jurídica
Brazilian Legal Issues
article

Moradia digna e a proteção jurisdicional dos direitos sociais: Conteúdo, limites e exigibilidade

Matheus de Oliveira Santos, Glauco Salomão Leite, Maria Auxiliadora Souza Rodrigues de Oliveira Salomão
article en

Abstract

This work seeks to indicate the legal-constitutional grounds of the right to decent housing, establishing its content and limits to enforceability within the scope of constitutional review. The foundations that the existential minimum brings to the interpretation of the right to decent housing are also examined, seeking to analyze how the realization of fundamental social rights implies not only the obligation to promote public policies as an essential core of public power, but also the need to advance public spending to guarantee the realization of these goods and values. In this sense, the effectiveness of social rights and their relationship with the reservation of the existential possible and minimum are discussed, as well as the role and institutional limits of the Judiciary in this context.

Revista do Instituto de Hermenêutica JurídicaVol. 22(36)
Openalex Percentile: Top 48%
Brazilian Legal Issues
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