O princípio da busca pelo pleno emprego sob a ótica da teoria da seletividade

Abstract

The present study aims to confront the Brazilian Federal Constitution of 1988 – under the interpretation of the New International Economic Order and the Economic Interventionist Order, considered as a Programmatic Constitution – and the State under the guidance of a materialist perspective, focused on the Strukturellen Selektivität concept (Structural Selectivity concept), developed by Claus Offe. Reflects on the likely level of constitutional effectiveness to be held by the State activity – through its legislative activity and public policies – when it comes to the innovative character of improvement of the Economic Order in an empirical sense – which composes the substance of the legal norms of intervention by directing the Economic Order, typical feature of the Economic Order in legal sense contained by contemporary Programmatic Constitutions –, considering the assumptions carried by the State in a materialist perspective. To achieve its object, employs in a hermeneutic activity of extracting of the Constitutional structure the real substance of the Full Employment Principle, examined in concert with the other principles of the Economic Order contained by the Brazilian Federal Constitution.