The subject of this research is the study of the principle of non-retrogression, implicitly confirmed in the Constitution of the Federative Republic of Brazil in 1988. Because of the economic and financial crisis cont...The subject of this research is the study of the principle of non-retrogression, implicitly confirmed in the Constitution of the Federative Republic of Brazil in 1988. Because of the economic and financial crisis context Brazil is going through, the public resources directed to the materialization of constitutionally assured social rights started to be rationalized, with reflections at the legislative level with the amendment of laws that receded in terms of social order. In this scenario, the principle of non-retrogression is put under analysis as constitutional norm it is, with its absolute or relative nature. By employing a scientific-deductive method and a bibliographic procedure, it is concluded that the non-retrogression principle must not have an absolute nature, but rather a relative one. Therefore, in order for a norm to result in a legitimate social retrogression, it has to be bound to the sieves of reasonability and proportionality, due legislative process and to the protective sphere of the existential minimum for citizens.展开更多
文摘The subject of this research is the study of the principle of non-retrogression, implicitly confirmed in the Constitution of the Federative Republic of Brazil in 1988. Because of the economic and financial crisis context Brazil is going through, the public resources directed to the materialization of constitutionally assured social rights started to be rationalized, with reflections at the legislative level with the amendment of laws that receded in terms of social order. In this scenario, the principle of non-retrogression is put under analysis as constitutional norm it is, with its absolute or relative nature. By employing a scientific-deductive method and a bibliographic procedure, it is concluded that the non-retrogression principle must not have an absolute nature, but rather a relative one. Therefore, in order for a norm to result in a legitimate social retrogression, it has to be bound to the sieves of reasonability and proportionality, due legislative process and to the protective sphere of the existential minimum for citizens.
