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Constitution And Social Security In Brazil:Resumption And A Step Forward, Carlos Luiz Strapazzon
Constitution And Social Security In Brazil:Resumption And A Step Forward, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
The Brazilian system of social security rights might be understood from four diferents stages. Three of them yet experienced and one still under development. The first one is the legislative model of pension rights and health rights from the pre-constitutional period. The second one is the constitutional design for social security rights, as set forth by the National Constituent Assembly (1987-88). The third is a liberal model regulating the constitutional rights during the nineties. The fourth is the social security human rights oriented model which is still under development, based upon political critics to the third model and underpinned upon …
Administrative Arbitrary Embarrassments At Brazilian Social Security Procedures, Carlos Luiz Strapazzon, Maria Helena Pinheiro Renck
Administrative Arbitrary Embarrassments At Brazilian Social Security Procedures, Carlos Luiz Strapazzon, Maria Helena Pinheiro Renck
Carlos Luiz Strapazzon
Within Brazilian constitutional system, Social Security rights are fundamental rights. However, social insurance is divided into two branches: by one side, Pensions Rights (also called Direitos Previdenciários), by the other, the Social Assistance Rights. The former exists to protect some special rights-holders from several social risks (health, death, injury, unemployment, old-age, etc.), through regular payments made by the State. It works as a public insurance system directed by the Social Insurance National Institute (INSS). This paper maintain that several administrative embarrassments disturb too much seriously a regular acess to those payments by the needy citizens (right-holders). Likewise, it maintains that …
Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, Carlos Luiz Strapazzon
Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
Brazilian Courts, in order to guarantee social rights, should take into account the scarcity of resources and the principle of equality so as not favoring anyone with features that are intended for everyone. Given this limitation, how the Judicial Power might act with respect to the realization of social rights? It has down increased attention how, in Brazil, the Judicial Power, especially the Supreme Court and the Superior Court, have interfered in Executive discretion so as to protect social rights, as health rights or educational rights. This article aims to explain how it occurs in Brazil and verify, on the …