Principle of the prohibition of social retrogression as a self-contained category in Brazilian constitutional Law? Concept, groundings and normative reach before the current dogmatic of fundamental rights

Authors

  • Italo Roberto Fuhrmann Pontifícia Universidade Católica do Rio Grande do Sul/Brasil. Ordem dos Advogados do Brasil.

Abstract

The principle of the prohibition of social retrogression, as crafted in comparative law, refers in essence to the application of the classic mechanisms of fundamental rights’ limits and restrictions to the scope specifically of social rights, in response to the crisis of the Welfare State found in Europe, and especially in Germany. Its pragmatic functionality is in this sense dwindled by the Brazilian constitutional dogmatic, which, from a legal-methodological point of view, didn’t deny social rights the qualification of fundamental. Nevertheless, new perspectives of functionality can be attributed to this principle under programmatic or directive constitutions.

Author Biography

Italo Roberto Fuhrmann, Pontifícia Universidade Católica do Rio Grande do Sul/Brasil. Ordem dos Advogados do Brasil.

Mestre em Direito do Estado pela PUCRS/Brasil. Advogado.

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Published

2014-09-29

How to Cite

Fuhrmann, I. R. (2014). Principle of the prohibition of social retrogression as a self-contained category in Brazilian constitutional Law? Concept, groundings and normative reach before the current dogmatic of fundamental rights. Revista Jurídica Portucalense, (16), 45–81. Retrieved from https://revistas.rcaap.pt/juridica/article/view/3717

Issue

Revista Jurídica n.º 16 (2014)

Section

SCIENTIFIC RESEARCH

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