The linking of state powers to the fundamental social rights concretization: Is there a space to margin of appreciation?
Authors
-
Maria Valentina de Moraes
Universidade de Santa Cruz do Sul, Brasil
https://orcid.org/0000-0002-8298-5645
-
Rosana Helena Maas
Universidade de Santa Cruz do Sul, Brasil
https://orcid.org/0000-0002-9930-309X
Abstract
In view of the problems and debates surrounding fundamental social rights, here it is examined notably its multifunctional character and the possibilities of jurisdictional protection, it aims to analyze the feasibility of recognizing a margin of appreciation by the legislator regarding these rights. Therefore, it is questioned whether, given these characteristics and the state’s link to their protection, is there room for a margin of legislative appreciation in the implementation of fundamental social rights? Using deductive method and the bibliographic research technique, through consultation in books, periodicals, jurisprudence and institutional websites, it is possible to conclude, that the space for legislative decision is not unlimited, since the legislator, like the other State Powers, is linked to the implementation of the fundamental social rights, being the first to guarantee them, legitimizing judicial action in the face of its omission.
