O direito humano à seguridade social e o controle de convencionalidade: análise da reforma da previdência à luz das diretrizes de Maastricht e princípios de Limburgo

Abstract

The paper analyzes the new social security system, through the prism of the international norms of protection to the human rights and of those that recommend the conventionality control. The general objective of the research is to examine aspects of the social security’s reform, following the Maastricht guidelines and Limburg principles, to assess whether there was a violation of the human right to social security to motivate the respective control of conventionality. The specific objectives are: to analyze the conventionality control and its cogent application in the management of internal norms; outline brief notions about the distinction between constitutionality and conventionality blocks; demonstrate the modalities of conventionality control, the antinomies solution and application of the sources dialogue; and, finally, to examine the implications of the welfare reform regarding the human right to social security. The importance of the theme is revealed by the consequences of a decrease in the coverage of social security in the legal sphere of the brazilian population’s human rights. With descriptive-deductive research method and normative, jurisprudential and bibliographic, the matter is deepened by mentioning the Inter-American Court’s judgments, including the case of Muelle Flores v. Peru, leading case in the pronouncement of the right to social security, as an autonomous right derived from article 26 of the American Convention.