Work

Moradia digna e a proteção jurisdicional dos direitos sociais: Conteúdo, limites e exigibilidade

Year: 2024

Type: article

Abstract: This work seeks to indicate the legal-constitutional grounds of the right to decent housing, establishing its content and limits to enforceability within the scope of constitutional review. The foundations that the existential minimum brings to the interpretation of the right to decent housing are also examined, seeking to analyze how the realization of fundamental social rights implies not only the obligation to promote public policies as an essential core of public power, but also the need to advance public spending to guarantee the realization of these goods and values. In this sense, the effectiveness of social rights and their relationship with the reservation of the existential possible and minimum are discussed, as well as the role and institutional limits of the Judiciary in this context.

Source: Revista do Instituto de Hermenêutica Jurídica

DOI: 10.52028/rihj.v22.i36.art07.pe

Authors: Glauco Salomão Leite, Matheus de Oliveira Santos, Maria Auxiliadora Souza Rodrigues de Oliveira Salomão

Language: English

Topic: Brazilian Legal Issues

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Reduced inequalities, Sustainable cities and communities

Open Access status: diamond

OpenAlex ID: W4408364899

FWCI:

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Related to: 10