A Teoria da Reserva do Possível e o Reconhecimento pelo Estado de Prestações Positivas

Authors

  • Marco Aurélio Nogueira UFU
  • Ari Timóteo dos Reis Júnior

Keywords:

Financially possible, Minimum existential, Fundamental rights of second generation, State mandatory activities

Abstract

The present article deals with scarcity of public resources to support the entire population needs, front of constitutional rules that imposes the state compliance of such positive benefits. For this, we first undertake an analysis about the state and fundamental rights evolutions, talking about the effectiveness and applicability of constitutional rules and the role of the republic’s powers in the implementations of these rights, always considering the singular role of the Judiciary. Constructing a general and detailed position about this topic through various positions of renowned lawyers and the Supreme Federal Court, we concluded that only the minimum existential is able to oblige the state to fulfill the constitutional positives benefits.

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Published

2010-06-23

How to Cite

Nogueira, M. A., & dos Reis Júnior, A. T. (2010). A Teoria da Reserva do Possível e o Reconhecimento pelo Estado de Prestações Positivas. Journal of the Faculty of Law of the Federal University of Uberlândia, 35. Retrieved from https://seer.ufu.br/index.php/revistafadir/article/view/18438

Issue

Vol. 35 (2007): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Articles

License 

 
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