Social rights as fundamental: a difficult dialogue in Brazil

Abstract

Social rights listed in the 1988 Federal Constitution have formal character and fundamental right material, and therefore endowed with the constitutional privileges inherent to them. However, there is still no unanimity regarding the fundamental nature of these rights, because arguments are woven aiming to recognize the social and fundamental rights. The research method used is the theoretical-phenomenological and bibliographic. In this paper, we discuss three perspectives on this difficult recognition of social rights as fundamental rights: a history, dogmatic and legal and policy with the intent to ratify the majority doctrine of recognition of rights (fundamental) social.