Por um direito para os pobres: o desenvolvimento frente à Emenda Constitucional 95/16 e o teto dos gastos públicos

Abstract

The research studies through the analysis of political and economic instability the effectiveness of the protection and application of constitutional principles and the effects of the Amendment of the public spending ceiling on Development. From the democratic point of view, this study considers that there are reflections on the strengthening of relations in the face of the necessity and opportunity of legislative actions. The main hypothesis of the need of increment the democracy was worked out. As a first step to research, a study was carried out on the doctrinal view of the main points concerning democracy and the maintenance of rights. In particular, concepts and theories necessary for the hypothesis of the need to reduce economic and social inequality and Development in its political and constitutional nuances were pointed out. Development was discussed in relation to its senses, its treatment as a value, its obligations within the Brazilian state and its financing, based on national doctrinal understanding and aligned with international action. The investigative approach focused on fiscal and austerity policy, specifically Constitutional Amendment No. 95/16, known as the amendment of the public spending ceiling, under the Development approach. A more comprehensive view of the issues surrounding the application of constitutional guarantees was sought. It was sought to confirm that the result of the multifaceted development theory, which besides economic growth, involves certain guarantees and at the same time needs them, since these are instruments of that. Therefore, it has been perceived that the consolidation of democracy, through the eradication of poverty and the reduction of inequalities, not only promotes the political stability necessary for constitutional guarantees but is also the basis for Development. This implies economic growth and improved quality of life. Meanwhile the analysis of the effects of Constitutional Amendment no. 95/16 points in the opposite direction since it increases social inequality and the maintenance of poverty. It was also observed that the international economic sphere confirms this assertion, by measuring the international obligations assumed by the Brazilian State. Once these considerations have been made, it is possible to measure a legal basis for the causes involving the issues of poverty eradication. In particular, regarding the hypotheses of revocation of actions by the executive or legislative that promote the syncope of Development, such as Constitutional Amendment 95/2016.