BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

of social rights, making it impossible to return to an earlier degree of social justice implementation, preserving the achievements achieved by society. In the present case, where social law is capable of reducing or eliminating its legal object by virtue of a retrogressive measure, Sarlet 36 maintains that, in examining the measure against the prohibition of retrocession, consideration must be given to the protection of the dignity of the human person and existential minimum, as well as the primacy of legal certainty and trust. It is inferred from the discussion of the subject that the Brazilian doctrine largely conceived of the close relation between prohibition of retrogression and legal certainty, notwithstanding all the social achievements under this principle. On the other hand, it preserves the essential core of the fundamental right, consubstantiated in the existential minimum and in the necessary protection of the dignity of the human person. 2.3 Reflections on the prohibition of retrocession in the protection and effectiveness of social rights in the outbreak of economic crisis In the domestic legal context, it is possible to deduce that the doctrine of effectiveness finds support in the interventionist state model. TheWelfare State, aimed at the realization of social justice, undertakes to concretize the scope of protection of the norms of social rights, effecting the content of the constitutional text from the protection and promotion of social legal services. According to Nery da Silva, 37 the realization of the Welfare State requires attention to its two roles: the first understands the need to ingest in the state economy in order to direct it towards the fulfillment of social objectives and goals; the second, in turn, concerns their responsibility, their duty and obligation toward realization of the minimum social benefits to those who need and depend on them. Accordig to Amaral, 38 while the state’s commitment to the well-being of its people is commendable, it is clear that the acclaimed Social Justice is conditional on the availability and allocation of financial resources. The effectiveness of the constitutional norm that advocates a social right depends on the State being able to dispose of a certain amount of its budget to guarantee the material equality of the collectivity. It is certain that, in the wake of an economic crisis, marked by declining production, unemployment and inflation, the welfare state faces a scenery of imbalance between the financial commitments assumed and the real financial capacity to pay them, due to than the realization of the social justice ideology stands a risk of perishing. Factors such as the generalized increase in prices, the reduction of competitiveness in industry Justiça, Porto Alegre, v. 41, n. 1, p. 56-73. jan-jun. 2015. Available at: . Accessed on 1st Aug. 2016. 36 SARLET, I. W.: Direitos fundamentais a prestações sociais e crise: algumas aproximações. In: Espaço Jurídico Journal of Law, Joaçaba, Editora Unoesc, v. 16, n. 2, jul./dez. 2015, p. 459-488. 37 NERY DA SILVA, R.L.: O Estado contemporâneo e a força subjetiva dos direitos sociais. In: BAEZ, N.L.X.; GESTA, R. L.; MEZZAROBA, O. (Coord.).: Dimensões materiais e eficácias dos direitos fundamentais. São Paulo: Conceito editorial, 2010, p. 188. 38 AMARAL, G . : Direito, escassez e escolha: em busca de critérios jurídicos para lidar com a escassez de recursos e as decisões trágicas . Rio de Janeiro: Renovar, 2001.

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