BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

and the limitation of the budget contribution usually reflect the adoption of management measures by the government, from economic policies to the contingency and elimination of expenses. According to Wiggers, 39 the crisis scenery referred to in the present study comprises the public deficit, which reveals “… the inability to aggregate values in macroeconomic terms, representing a negative budgetary result in the analysis of Revenues minus Expenditures.” It is a public debt, in which the State does not have the resources to meet its financial commitments. At this point, it is important to record the conception of Sarlet, 40 for whom post- modernity experiences not only a crisis in economic scope, but also of effectiveness and trust, reflecting both on the ideal of the Welfare State and on Democracy itself and, consequently, on the effectiveness of social rights. When there are fewer resources for the maintenance of social achievements, the constitutional dirigisme itself and the ideal of social rights are in disrepute before the community. However, it is necessary to conclude that it is precisely in periods of economic crisis, where the helplessness reaches a more expressive part of the population, that it becomes necessary to promote and guarantee social legal benefits. In Alexy’s 41 outstanding lesson, “the extension of the exercise of fundamental social rights increases in economic crises. But it is precisely in those moments that there may be little to be distributed. [...] “. The outbreak of the crisis usually requires a high attention to the social security and labor demands, since the worker, subject to the helplessness due to the instability of the labor market, depends on the benefits and social guarantees to face the cost of his demands for a certain time. The economic recession experienced by Brazil was identified in a report 42 promoted by the United Nations, according to which there is a worldwide trend of pessimistic prospects in the economic activity of the countries to be extended until the year 2017. It is reported from the report that the severe crisis inflation, fiscal deficit and interest rate hikes reflected on population consumption and corporate confidence, aggravating the recession initially expected in 2016, with growth prospects of 0.2% by 2017, through the adoption of political and economic measures. Naturally, the economic period experienced forced the federal government to a readjustment of budgetary planning, starting from the perspective that the resumption of growth depends on the restrictive allocation of resources. In this line, since the outbreak of the current economic crisis, retrogressive measures were adopted including ingressing social welfare gains and establishing parameters for costing the demands for benefits. Historically, the social security legal system bears some responsibility for the depletion of public funds and indebtedness of the State. The population demand for legal health, 39 WIGGERS, D. S.: Engenharia Macroeconômica. Blumenau: Legere/Nova Letra, 2014, p. 21. 40 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, p. 459-488, jul./dez.2015. p. 463-468. 41 ALEXY, R.: Teoria dos Direitos Fundamentais. 2nd edition 4th print run. Translated by Virgílio Afonso da Silva from 5th German edition. São Paulo: Malheiros, 2015, p. 513. 42 UNHCR.: World Economic Situation and Prospects 2016: Update as of mid-2016. Avaiable at: . Accessed on: 15 jul. 2016.

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