A aplicação limitada da reserva do possível

Abstract

The Government constantly manifests the impossibility to comply with fundamental social rights, claiming insufficient financial resources, taking advantage of the possible reserve argument. This work addresses the issue of possible reserve and effectiveness of fundamental social rights and seeks to show that despite contrary State arguments, there is a duty of the it to comply with these rights. The State must also act on maximizing the use of existing resources, so that the possible reserve argument has a limited application. This limitation is based on the contours which were in the genesis of the institute, especially, the efficient use of public resources in compliance with fundamental social rights. The initial approach is about fundamental social rights. Then the possible reserve is analysed and the key aspects of its construction are stressed. Subsequently, the issue of the cost of the rights, the scarcity of resources and, finally, the idea of maximizing the use of these resources by the State are focused in order as justify a limited application of the possible reserve.