A incidência do Princípio da solidariedade no Direito brasileiro

Abstract

This article aims to analyze the constitutional principle of solidarity, considering its incidence in Brazilian Law. To this end, the research was conducted using the historical-deductive method and the theoretical reference of neoconstitutionalism, which brings the Constitution to the center of the legal system and interprets the law based on fundamental rights. First, the philosophical concept of the principle of solidarity, the types of vertical and horizontal solidarity, and the representation of solidarity for the ancients and the moderns were discussed. As far as the Brazilian constitutional doctrine is concerned, there is a certain lack of studies on the theme. Next, the expression of the solidarity principle in the constitutional framework was demonstrated. Finally, an analysis was made of Supreme Court cases in which the aforementioned principle is applied. The result of this article is directed, as to the incidence of the principle, towards optimistic perspectives of application of this fundamental right, in the search for citizenship.