Abstract
The fundamental rights have been cause for various discussions in recent years, causing scholars to dedicate themselves to investigate both through the health aspect, as through the law, the actual effectiveness of the guidelines outlined by the Organizations. This article aims to bring a brief reflection about the real effectiveness of social rights in the brazilian public health, using as a basis, an exploratory analysis of the elucidações brought by various scholars that permeate to corroborate this. Bringing a brief discussion of the existential minimum.
Highlights
Fundamental rights can be defined as a set of rules, principles, rights, duties and institutes involved in popular sovereignty, that guarantee the peaceful coexistence, free and equal, regardless of creed, race, origin, colour, social status or economic condition, all based on the principle of human dignity. (BLOOD CELLS, 2010)
To José Afonso da Silva, if conceptualizing fundamental rights becomes a difficult task before the various transformations over time, see: The expansion and transformation of fundamental human rights in history involved makes it difficult to set them a synthetic concept
Already social rights, are fundamental rights of man, as is formulating Moraes (2014, p. 595): Social rights are fundamental rights of man, because they relate to a complex of social, economic or cultural relations that develops for realization of life in all its potential, without which the holder could not reach and enjoy the goods you need
Summary
The fundamental rights have been cause for various discussions in recent years, causing scholars to dedicate themselves to investigate both through the health aspect, as through the law, the actual effectiveness of the guidelines outlined by the Organizations. This article aims to bring a brief reflection about the real effectiveness of social rights in the brazilian public health, using as a basis, an exploratory analysis of the elucidações brought by various scholars that permeate to corroborate this. Bringing a brief discussion of the existential minimum.
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