Conceito, conteúdo e efetividade do "mínimo existencial" em Robert Alexy: uma análise comparativa entre Brasil e Colômbia

Abstract

This paper aims to investigate the concept and content of the existential minimum in Brazil and Colombia, considering the period between October 2013 and October 2014. The hypothesis investigated is based on the Theory of Principles developed by Robert Alexy, who understands the content of the "existential minimum" as a form of protection of human dignity and establishes the treatment of fundamental social rights as subjective rights to be implemented to the greatest possible extent. Thus, we intend to also examine the possibility of obtaining, through the courts, the material benefits for the existential minimum. This research is guided, therefore, by a line of legal and comprehensive research, from the formal analysis of the norms to the content analysis related to the Court decisions about fundamental rights. As source, we studied the norms (constitutional requirements of the two countries), the literature of books and articles on the subject and the research of Constitucional Courts decisions regarding this matter during that period of time.