BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

8 Entrepreneurial Adverse Impacts on Human Right to Social Security: A discussion upon concerns set forth in sensitive international standards

Carlos Luiz Strapazzon 1

1. Introduction In Brazil the human right to social security is virtually invisible. Whenever it shows up it comes with the restrict connotation of social insurance. The imprecise use of the Portuguese term “seguridade social” (borrowed from Spanish = seguridad ) actually created enormous confusion upon the effective existence of human or fundamental constitutional right to social security in Brazilian legal order. It turns out that the human right to social security exist. It is formally enshrined at Article 25 of the Universal Declaration of Human Rights, as well as at Article 9 of the International Covenant on Economic, Social and Cultural Rights – ICESCR. Social security law schemes are many. And classification criteria might also vary considerably. If Esping-Andersen’s theoretical approach (2012) were to be adopted, then differences arise from the way social security is arranged between three actors: state, family and market. According to this perspective, there are three ideal types of social security arrangements: a liberal, a conservative-bureaucratic and a social-democratic. By contrast, if Richard Titmuss’ criteria were to be (1958) adopted, so three other models might appear: the residual, in which the State acts in case of protection failure performed by families or by market mechanisms; the meritocratic and the institutional redistributivist. Whatever one considers social security is about, all theoretical models assume that some portion of private institutions might coexist with public ones. Hence, if some schemes are more liberal than others, meaning that some schemes may be more market- oriented while some are more state-oriented, in reality all of them admit market-and- family oriented rules 2 . That is to say, mixed models with significant dependency of private, not with purely market mechanisms though. As a consequence, it is expected some of so called mixed models may be more redistributive and egalitarian than others. 1 Professor of Constitutional Law. Professor of the Fundamental Rights Program at the Western University of Santa Catarina State School of Law, UNOESC, in Chapecó-SC State, Brazil. Editor-in-Chief of the EJJL (2011-2016). I am also Professor of Constitutional Law at University Positivo School of Law in Curitiba, Paraná State, Brazil, Contact: strapazzon.carlos.luiz@gmail.com. 2 STRAPAZZON, C. L.: O Direito Humano a Segurança Social: o Regime Constitucional do Brasil Comparado com 20 modelos estrangeiros. Revistas Magister de Direito Previdenciário/Revista IBDP, 34, 2016.

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