Banca de QUALIFICAÇÃO: MARIA FRANCIMAR CARVALHO COSTA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA FRANCIMAR CARVALHO COSTA
DATE: 21/10/2021
TIME: 11:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

The Existential Minimum and Human Dignity in the Context of Absolute Poverty in Brazil

KEY WORDS:

Existential Minimum; Absolute Poverty; Principle of Human Dignity;
Eradication of Poverty; Principle of Reservation of the Possible; Great of Satisfaction.

PAGES: 144
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The research that is carried out aims to address the issue of the existential minimum and
absolute poverty in the Brazilian scenario under the aspect of the principle of human
dignity as the main foundation of the right to the existential minimum and the fight
against absolute poverty. For this, first, an analysis of the principle of human dignity is
made, highlighting its origin, evolution, meaning, functions, its relationship with the
existential minimum, with absolute poverty and with social rights. Then, the first state
interventions with the aim of reducing poverty and also the philosophical foundations of
the existential minimum, with emphasis on the absolute vital minimum and the relative
minimum of Pontes de Miranda, the social minimum of John Rawls and Otto Bachof's
Existenzminimum. Another point developed is the jurisprudential construction of the
right to the existential minimum by the German Federal Constitutional Court, taking
into account the first cases analyzed by the Court, the legal foundations of this right
developed by the German Court and the content of the existential minimum provided
for in the Twelfth Book of the German Social Code (SGB XII). Just as important is the
presentation of the existential minimum in the Brazilian dogmatic and jurisprudential
panorama, in the sense of discussing its concept and content developed by the national
legal literature, in addition to the approach and application of the existential minimum
in the Superior Courts of Brazil. Finally, and of paramount importance, is the
presentation made about the existential minimum and its relationship with absolute
poverty, its scope in Brazil, Constitutional Amendment Nº 31 of 2000, Law Nº 10.835
of January 8, 2004 that deals with citizenship income, also the debate whether the
principle of reserve of the possible affects or not this state provision, Law Nº 10.836 of
January 9, 2004 which instituted the Bolsa Família Program, and the research ends by
discussing about the existential minimum necessary to achieve the optimum of
satisfaction.

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