Conteúdo essencial do direito fundamental à alimentação: apontamentos para sua delimitação

Abstract

This article analyzes the parameters for identifying and delimiting the core content of the fundamental right to food in the Brazilian legal system. The study is based on the German doctrine of fundamental rights theory, highlighting Robert Alexy and Peter Häberle, as well as the national contributions of Ingo Wolfgang Sarlet and Virgílio Afonso da Silva, to discuss the existence of an inviolable core resistant to state restrictions. Methodologically, a qualitative research was conducted through bibliographic review and analysis of the jurisprudence of the Federal Supreme Court (STF), focusing on the Court’s interpretation of the subject. The analysis shows that, although the right to food was expressly included in the Federal Constitution by Constitutional Amendment No. 64/2010, its legal consolidation still occurs in a fragmented manner. It was identified that the STF has recognized the effectiveness of this right in rulings such as ADI 5.447, ADI 5.363, ADI 6.432, and RE 567.985, linking it to human dignity and the protection of vulnerable groups. It is concluded that the core content of the right to food is composed of five fundamental pillars: protection against hunger, access to safe and nutritious food, regularity and permanence of access, promotion of food and nutritional security, and environmental sustainability. This minimum core imposes an immediate duty of protection on the State, constituting a barrier against social setbacks.