A fundamentalidade do direito ao vestuário

Abstract

The present study aimed to evaluate the legal nature of the right to clothing, in order to ascertain the fundamental nature of this right. It was based on the hypothesis that this right is related to the dignity of the human person, even though it is not positive in the constitutional text. The study was based on the theoretical framework of Legal Post-Positivism, especially in the conceptions of Dworkin (2002) and Alexy (2001, 2002), notably the Theory of Law as Integrity, Fundamental Rights Theory and Legal Argumentation Theory . Through a qualitative methodology, through the use of indirect sources of research and the predominantly deductive method, he dealt with the literary productions on the subject. The judicial decisions referring to this issue were studied, in addition to the standards related to the right to clothing were raised in the Brazilian legal system. It was observed that the right to clothing is highlighted in the Universal Declaration of Human Rights, incorporated into Brazilian law by virtue of § 2 of article 5 of the Constitution (BRAZIL, 1988). Also, it was realized that the minimum wage in force in the country should be sufficient to meet the needs of the worker and his family in this area, as well as the other demands contemplated in item IV of art. 7 of the constitutional text are all characterized as fundamental rights. The linkage of human dignity to the benefits inherent in this right was evidenced by virtue of its indispensability for social interaction and for the preservation of physical health and the integrity of the human body, in order to converge to the conclusion about the fundamentality of the right to clothing and the need for public policies to meet these demands.