BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

3. Final Considerations In a socioeconomic context characterized by public indebtedness and the subjection of a representative part of the population to social vulnerability, protection, effectiveness and the own existence itself of social rights is commonly subject to hard discussions, in the sense of absolute or relative rights, potentially restrictable, total or partially. This historical moment can generate repercussions in the effectiveness of fundamental rights, although it is not a recent phenomenon. In fact, in the specific case of social rights, their umbilical relationship, including the emergence of the welfare state, which intervenes in the economy to enable the most deprived sections of the population to realize the fundamental right to freedom, from of material equality conferred by means of benefits. Bound by the doctrine of effectiveness and constitutional authority, the constitutional text orders that the norms of fundamental rights enjoy maximum effectiveness, including social rights. Thus, the design of programmatic norms that are ineffective is not useful. Combined with the conception of effectiveness, the financial representativity of social rights must be situated. Since the realization of social rights requires, to a large extent, guarantee and the provision of legal services, the conditioning of the realization of those rights can not be separated from the financial availability of the public treasury and the actual costs of those rights. However, even in times of economic crisis, where public indebtedness limits budgetary possibilities and social fragility requires more legal benefits, the protection and effectiveness of social rights should not be ruled out. To this end, the principle of prohibition of retrocession was enshrined in the Brazilian legal system and represents an important legal tool to safeguard social achievements. As a conclusion, the principle of prohibition or prohibition of retrocession, as a restriction to the limitation of fundamental rights, safeguards the range of legal social benefits won by the Brazilian people, by hindering the legislator, even in situations of economic crisis, the possibility of eliminate or totally eliminate the rights, with the essential core being safeguarded under the prism of the principle of the dignity of the human person, legal certainty, security and trust.

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