The budgetary amendments and the constitutionality control against fundamental rights.

Authors

  • Thamires Prenda Teixeira Universidade Federal da Grande Dourados - UFGD.
  • Douglas Policarpo Universidade Federal da Grande Dourados - UFGD.

DOI:

https://doi.org/10.5433/1980-511X.2012v7n2p133

Keywords:

Fundamental Rights, Control of constitutionality, Budget Amendments, extraordinary credit, Discharge of Revenue of the Union.

Abstract

Fundamental rights are rights constitutionally positivized that reflect the basic needs of the individual and society. They are closely linked to the concept of human dignity. Considering the principle of reserve for contingencies and the ever-existing interventions of the government, in the doctrine was developed the theory of "essential core" or "minimum existential" that serves as a limit to the emptying of the protection of Fundamental Rights, and especially the illegitimate interventions of theGovernment in this sphere. As an example of these state interventions, the budget changes can be declared unconstitutional unless they comply with the "essential core" of fundamental rights.

Author Biography

Douglas Policarpo, Universidade Federal da Grande Dourados - UFGD.

Professor of the Faculty of Law and International Relations at the Federal University of Grande Dourados - UFGD.

Published

2012-08-31

How to Cite

Teixeira, T. P., & Policarpo, D. (2012). The budgetary amendments and the constitutionality control against fundamental rights. Revista Do Direito Público, 7(2), 133–156. https://doi.org/10.5433/1980-511X.2012v7n2p133

Issue

Section

Artigos