A RESERVA DO POSSÍVEL COMO PARÂMETRO DE SINDICÂNCIA DOS DIREITOS FUNDAMENTAIS SOCIAIS

Abstract

It is known that Constitutional Law has advanced with some caution regarding the treatment of such issues as the effectiveness of constitutional rules concerning about fundamental rights, especially those related to the rights which demands positive benefits. These are rights or guarantees that often require positive actions by the governmental organisms, able to supply fundamental materials needs, such as life itself and the maintenance of a basic dignity standard. In the face of budget impossibilities, rectius, the scarcity of public resources for such purposes, the German case law innovated with the reserve of possible (Vorbehalt des Moglichen), which is a sort of restriction on the full applicability of fundamental rights based on economic and financial criteria. This study will focus on its origins and the ways of implementing the reserve.