Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights

Abstract

The present research article will relate about the theory of social rights, essentially, it will address the study of some reasons for the construction of a legal theory of social rights as fundamental rights. In this way, it seeks to deny the supposed difference between the categories of civil and political rights and social rights sustained by reasons of history, provision, indetermination, cost and a subjective character. Thus, good arguments will be provided to defend the constitutionalization (positivization) and the development of the features of fundamental social rights (subjective and objective dimensions).

Keywords

• Social rights
• civil and political rights
• indetermination
• costly
• subjective