A justiciabilidade dos direitos sociais no sistema interamericano: desafios e perspectivas
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Data
2014-06
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Orientador(res)
Martins, Flavia Bahia
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This research analyzes the justiciability of social rights within the Inter-American System. In order to perform such review, it was first necessary to understand what social rights are (mainly the right to health) and how they derive from fundamental rights. That was the best way to introduce the topic so that there would be a real understanding of why it would be complicated to exist decisions that referred to the violation of social rights. The work is developed in such a way that the Inter-American System is introduced, its ways of seeking protection of social rights and also its ways to ensure its maintenance. Finally, the paper also introduces concepts such as reserve of the possible, national sovereignty and the theory of the cost of rights as obstacles to the existence of decisions that favor social rights. The conclusion of this research, which will never be closed due to its dynamism, found that the obstacles presented by the majority of writers, in fact, would not serve as a reason for non- observance of social rights in the reasoning of the decisions of the Inter-American System, leaving only the possibility of a non- desire for meddling in domestic public policy.