A questão da efetivação dos direitos fundamentais sociais no estado capitalista: possibilidades e limites

Abstract

This research proposes a critical reflection on the question of enforcement of fundamental social rights in the capitalist state, from reading the theoretical treatment given by the doctrine of law on the subject. The answer to the question of the realization of the rights indicated by the legal debate is the immediate application thereof, fueled by the premise of a State as being neutral, rational, provider of the common good, with consequent demands on the legalization of ineffectiveness or lack of social policies for Addressing the "social question." Hence the importance of seeking the central structural determinations of the social process that make it impossible to achieve the realization of fundamental social rights in the capitalist order, in contrast to the provisions in constitutions. Therefore, we adopt in this study the materialist conception of history, in order to pinpoint the factors external to the State and the multiple determinations in its role in capitalist sociability, in each historical moment, in order to translate the issue of the limitations fulfillment of social rights and facilitate the indication of the possibilities and limits of their coping. Indicates that, although the role of the judiciary is necessary and represents an achievement in a democratic state, this can not be taken as the central path. Indicates the importance of the social control of public administration and the need for organization of subordinate classes in the pursuit of hegemony in civil society in order to create mechanisms capable of press, through the state, the capitalist order in the pursuit of policy implementation with public character of universality which allow a greater realization of constitutionally provided rights and conquest, including new rights. In capitalist dynamics, the expansion of social policies is at the limit of political emancipation and full effectiveness of social rights is conditional on overcoming the capitalist logic.