Teto de gastos nas políticas públicas de educação: análise jurídica sob a ótica do princípio da vedação ao retrocesso social

• Ano de defesa: 2019
• Autor(a) principal: Alves, Francisca Andreza
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Centro Universitário de João Pessoa; Brasil; PPG1; UNIPÊ
• Palavras-chave em Português: Educação; Mínimo existencial; Retrocesso socia; Dignidade da pessoa humana; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2661

The existential minimum reverts the effectiveness of fundamental social rights, historically relegated to merely formal normativity. The evolution of Constitutionalism restructures the basis of incidence and applicability of the constitutional precepts, making them effective. In this way, it is extremely important that the State consider the fiscal and fiscal obstacles that impede the implementation of public policies for the implementation of these fundamental social guarantees. of inherent right to the dignity of the human person. In this perspective, on December 15, 2016, Constitutional Amendment 95 was approved, which establishes that from 2018, federal expenditures may only increase according to the accumulated inflation according to the National Broad Consumer Price Index ( IPCA), including services related to health and education. In the present dissertation, it is sought to analyze to what extent the recent approval of the aforementioned Amendment represents a violation of the social retrogression. In order to discuss the problems raised, we work with the following hypotheses: Education integrates the intangible core of social rights, and can not be the target of legislative measures that make it even more difficult to become effective; the subjective right to basic quality education is indispensable for the country's development process, necessitating public policies for its real realization in the middle of society and, finally, it has been established that the goals established in the National Education Plan through Law 13005/2014, effective until 2024, will have a great negative impact on its effectiveness with the measure of public spending ceiling, which represents a setback in the applicability of this fundamental right.