A contraposição da teoria dos custos de direitos e do mínimo existencial no campo da judicialização dos direitos fundamentais

Abstract

In the wake of compliance and respect of fundamental and social rights, which are issued by list enshrined in the Constitution of the Federative Republic of Brazil, a big argument arises in the native country of the courts and doctrine. The protection of these rights must be observed on a mandatory basis or , to enter the issue of costs for the implementation and enforcement thereof, the state can avoid claiming that the literal and humanistic interpretation of the Constitution , is met , its already battered finance will be impacted so as to cause its end. A point beyond the present discussion, Amartya Sen teaches that economic development should not necessarily be opposed to the fundamental rights, but an instrument to achieve effective complian.

Keywords

• Fundamental rights
• theory of rights costs
• Amartya Sem
• development
• individual liberties