The Economic analysis of fundamental social rights

A Rational Analysis of Public Policies in the Light of the Reserve Theory of the Possible and the Minimum Existential

Abstract

When crises and/or insecurity occur, the questions about the degree of efficiency or not of constitutionally foreseen state policies, aimed at overcoming such episodes, are renewed. In view of the current and paradigmatic historical moment in which humanity faces the SARS-COV2 pandemic, the question arises: Have the state budget and budget-related activities been conducted rationally? Are the rational-economic prism, proposed by theoretical lines such as the economic analysis of Law, adequate tools to quantify the state's performance in the face of the crisis? To solve such questions, the research will adopt the logical-deductive method, with bibliographic and normative input. It is concluded that economic analysis of Law, as a complementary methodology, and therefore as a tool available to the public manager, can positively increase the management of public resources and the choice of more efficient practices that allow the realization of fundamental social rights, provided that the premises of the AED do not become a substitute for legal norms, and may provide subsidies to efficiently and rationally remedy, through public policies, situations of scarcity, as well as that resulting from the SARS-COV2 Pandemic.