BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

For this reason, the structure of this research was idealized in three parts. The first one, materialized in the introductory section of this work, sought to delineate the dogmatics of human and fundamental rights, based on a historical revision of its recognition, with a focus on social rights and its protection. In the second part, the contours related to the effectiveness and effectiveness of the norm of fundamental right, as well as the doctrinal conception of the prohibition of retrocession were analyzed. The third and last one dealt with the relationship between the effectiveness of social rights and the outbreak of economic crisis, problematizing the risk of prejudice of social legal benefits and identifying the reflexes of the prohibition of retrogression in the protection and effectiveness of social rights. It shall be remarked, in a timely manner, that the research was developed using the deductive method, through qualitative and exploratory research. 2. Development 2.1 Recognition of rights and the scope of protection of social rights The concept that man, because of his humanity, has inherent rights and should be protected against third parties and still the State itself refers to Ancient Greece despite it is not so easily recognized by those who consider human rights starting with the three bourgeois revolutions. For others, since the earliest times, civilization has shown a concern to secure and safeguard rights, even though it was recognized only by a limited number of holders. According to Comparato, 3 it is in the axial period, between the 8th and 2nd century BC, when man begins to construct knowledge from his rationality and dissociates himself from the mythological explanation of the world, that the first contours of human rights are unveiled. It is precisely in Athens, the cradle of democracy, that man comes to understand the other as equal in rights and obligations. Drawing on Aith’s historical retrospective, 4 it is possible to relate some important periods for the evolution of human rights. The Stoic school, a reference to both Roman law and medieval thought and to positivism itself, conceived the right of man as a natural right, coming from divinity, immutable and eternal. Already in the Medieval Era, the foundation of the law centered in the figure of a God, being the right, then, natural, result of the divine will. As a reflection of a transition period, in which absolutist states succeeded the power of the Catholic Church in the Middle Ages and, therefore, the divine foundation of natural law was disfigured, the natural-law movement emerged. This theory was intended to justify the rights of man based on his rationality, being rights inherent to the human being. In the last centuries of the Modern Era, the development of the concept of rights has gained new chapters, especially since the French Revolution and the Declaration of the Rights of Man of the Citizen, recognized and declared by the National Assembly 3 COMPARATO, F. K.: A afirmação histórica dos direitos humanos. 3rd edition revised and expanded. São Paulo: Saraiva, 2003. 4 AITH, F.: Políticas públicas de Estado e de governo: instrumentos de consolidação do Estado Democrático de Direito e de promoção e proteção dos direitos humanos. In: BUCCI, M. P. D. (Org.).: Políticas públicas: reflexões sobre o conceito jurídico. São Paulo: Saraiva, 2006. p. 222.

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