Previdência e resistência: os direitos sociais previdenciários no cenário neoliberal

• Ano de defesa: 2009
• Autor(a) principal: Costa, José Ricardo Caetano
• Orientador(a): Couto, Berenice Rojas
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: SERVIÇO SOCIAL; PREVIDÊNCIA SOCIAL; POLÍTICAS PÚBLICAS; SEGURO SOCIAL; NEOLIBERALISMO
• Link de acesso: http://hdl.handle.net/10923/5222

The Social Security policies, as a whole, and the Social Security, in particular, were extremely affected by the neoliberal policies. Example of this are the processes that intend “to remodel” the social security system, as studied in the present Thesis. The conquests and the rights reached in the Federal Constitution of 1988, for its turn, had started to suffer a concrete threat from the neoliberal perspective, mainly when the State withholds an important paper in the new constitutional order, because the implementation of emanated programmatical norms of the Constitution depends on it. In this context, the Judiciary one, by means of its creative action, plays a basic attribution in the guarantee of the social rights consecrated in the Federal Constitution of 1988 and process of desconstitucionalization (face to the Constitutional Emendations that had occurred after the Constitution) or of deregulation (by means of Provisional Remedies and other legal expedients). On the other hand, the intervention of the Judiciary one by itself is not enough for the guarantee/justiciability of these rights, being primordial the participation of all the actors in a process of management and resistance to the neoliberalism while hegemonic movement in course. With effect, from a bibliographical study and a study of case, one searchs to demonstrate the contradictory space that is the Brazilian Social Security field, alerting for the insufficience of the juridification of the rights as platform of civilizatorial guarantees.