Minimum existence and social transformations: the relevance os fundamental rights in times os crisis

Abstract

This article aims to analyze contemporaneously the legal aspects of the existence of an essential content of fundamental rights that can characterize a sufficient and adequate normative structure to protect non-negotiable values of well-being and human dignity, to the point of being able to speak of an existential minimum. Thus, based on documentary bibliographic research, the article seeks to problematize and identify the requirements and defining elements of fundamental rights and, structurally, of the very concept of the existential minimum, regarding the necessary symbiosis between its justification and its limits and contours. In this context, considering the constitutional basis and the normative sources that protect fundamental values and rights, including those impacted by the economic and financial reality of States, cyclically affected by crises, the incidence of inevitable weighting and balancing mechanisms is observed, in order to obtain and configure the delimitation of the right to the existential minimum.