Revista de Direito Sociais e Políticas Públicas (Dec 2016)
The Economic Order Constitutional as The Maximum Efficiency Imparting Social Rights: The Development of Citizenship Made Possible by Fundamental Duties
Abstract
The theme addresses the intrinsic and necessary link between the economic order and its generation of taxes and social order present in the Brazilian legal system. On the one hand, the constitutional foundations of the Brazilian economic system are in Articles 170-192 and the other, not opposites, but interdependent, the role of Social Rights sculptured art. 6 of the Federal Constitution of 1988. The possibility of realization of social rights through and the state will only be possible from the value of human labor and the generation of income, whether the particular, whether the state and its subsequent generations and payments taxes, guaranteeing through the welfare state or public policy the realization of social rights. Supported the idea of the human being as an end standards and grounded in a constitutional hermeneutics toward the full development of, is imperative interpreting the scope of the standard prospectively, dedicated to building a just, fraternal and united, as the constitutional dictates. The economic order, although it opposes legal system, is used to refer to a portion of the legal system, which comprises a system of principles and rules, comprised of a public order, a private, economic and social. Through the constitutional provision can be inferred that the Brazilian constitutional economic order is founded on the value of human labor and free enterprise, which are designed to ensure to all a respectful existence, as the dictates of social justice. This study aims to demonstrate the existence and relevance of the notion of fundamental duties as an autonomous constitutional status and demonstrate that fundamental rights have costs for its effectiveness and that effective consolidates the generation and payment of taxes, which, in fact, contributes to develop the spirit of citizenship in all members of society.
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