Erosion of the basis of the social state of law and the impact on the effectiveness of social right

Abstract

The present study deals with the erosion of the foundations of the Social State of Right and the impact on the fulfillment of social rights. Proceeds to an analysis from the origins of modern constitutionalism until the advent of social constitutionalism, which is responsible for instituting the Social State. Are highlighted the objectives of the Social State of Right to translate into programs that are expressed in constitutional social solidarity and the pursuit of social justice. It is highlighted the crisis of the Social State reflected in the field of social rights that weaken because of the dependence of resources that are scarce and factors beyond the scope of determining the state itself. Firm up position to launch the argument that the requirement of performance, the realization of social rights is based on human dignity to compel state action necessary to achievement these rights.