The legal poverty lines in Brazil: contributions from a human rights-based approach to poverty

This article addresses the following theoretical and practical problem: Are the legal poverty lines adopted in Brazil adequate for measuring and, through public policies, tackling poverty and promoting the realisation of human rights for everyone in the country? Thus, it aims to analyse the legal poverty lines adopted in Brazil from a human rights-based perspective on multidimensional poverty and to critique the criteria used in setting those thresholds. It is based on documentary research, scrutinising Brazilian law, and bibliographical research on poverty, following Townsend’s tradition. It also dialogues with Brazilian literature, namely the discussion papers on poverty definitions and measurement from the Applied Economic Research Institute (IPEA). The article presents a human rights-based approach to poverty, considering international and Brazilian law. It argues that legal poverty lines adopted in Brazilian public policies do not consistently consider the human rights system and instead follow one-dimensional and arbitrary criteria: the minimum wage, the World Bank poverty line, and minimum nutritional intake. Finally, it discusses the problems involved in those criteria, concluding that using such methods understates the extent of poverty. A human rights-based perspective allows a more comprehensive and multidimensional normative understanding of poverty, that is scientifically and politically grounded. This perspective helps to advance political accountability for Brazil’s failure to realise key economic and social rights today.