ESTATE AND SOCIAL SECURITY IN BRAZIL POST-1990

Name: RAFAEL BREDA JUSTO

Publication date: 31/07/2023

Examining board:

Namesort descending Role
PAULO NAKATANI Advisor

Summary: The main objective of this thesis is to analyze the contemporary formatting of Brazilian Social Security, having as fundamental problematization the fact of the non-complete implementation of this State policy in relation to its formal/legal order enshrined in the 1988 Constitution and the process of disfigurement of several of these norms since 1990. It is considered that the formal characterization of Social Security – which instituted a social protection system formed by three areas: social security, health and social assistance – idealized by the Constituent process and confirmed in the constitutional text – is a set of abstract norms that is presented in an antagonistic way to the dynamic and imposing reality of capitalist logic with regard to public intervention effectively practiced in Brazil. This is because the subordinate relationship of the Brazilian State in relation to the context of the
global capital reproduction structure, based primarily on the movement of financial capital of parasitic characteristics since the 1970s, has largely implied an intervention model, at the level of governments, basically incompatible with the projections determined in the Charter. Thus, the most general and specific fundamental determinants of the Brazilian reality that characterize the structuring processes of the unviability of Social Security are demonstrated in the mold of the 1988 Constitution, especially through three fundamental aspects: the anachronistic nature of the pattern of public intervention applied in Brazil in relation to the attempt to implement, through the 1988 Constitution, of a Social Welfare State model – disseminated in countries in Europe and North America between the post-World War II period to the mid-1970s – of incompatibility with macroeconomic policy and institutional changes in the scope of Security (or falling on it) practiced at the level of governments since the 1990s.

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