Revista Brasileira de Direitos e Garantias Fundamentais (Dec 2016)

Conciliating the Existential Minimum and the Possibility Objection

  • Saulo José Casali Bahia,
  • Diogo Barbosa e Silva

DOI
https://doi.org/10.26668/IndexLawJournals/2526-0111/2016.v2i2.1623
Journal volume & issue
Vol. 2, no. 2
pp. 01 – 20

Abstract

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This work has the scope to analyze the concepts of “existential minimum” and “Possibility objection” in the context of the enforcement of fundamental rights. Subverting the already established doctrinal order, it is suggested that these theoretical assumptions do not conflict in their confluence, but can perfectly coexist in favor of the maximum constitutional effectiveness, facing the problem of scarcity of resources in an analysis that goes beyond the simple question of efficiency financial decisions, but seeks the best result in the realization of fundamental rights.

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