Direitos sociais e desenvolvimento: perspectivas para uma reconciliação em Amartya Sen

Abstract

The study starts from a context of problematization of social rights in Brazil, where legal dogmatic does not have mechanisms to oppose the historical ineffectiveness of these rights, aggravated today by economic recessions, fiscal imbalances and a crisis of sociological and cultural model that endanger the social model of state idealized by the Federal Constitution of 1988. The protection of social rights becomes secondary to the pretension of economic growth, equated with development and taken as the ultimate purpose of the nation. It is in this context that the present study is inserted, which aims to analyze the contributions of Amartya Sen's work – and his theoretical categories concerning "development", "substantive freedoms", "capabilities”, “functionings” and “agency” – to face the ineffective framework of social rights and to identify perspectives for a realization of rights reconciled with development. Adopting the technical bibliographic and documentary procedure for data collection and the inductive method as an operational logical basis, with a critical and reflexive interdisciplinary approach, the study converges to demonstrate, from the theoretical, empirical and legal point of view, that social rights are indissociable elements of development, and cannot be removed from the purposes of the State in contemporary times. Using as a guideline the theorization of Amartya Sen, it is also proposed three perspectives for an implementation of social rights more harmonious with development : the extension of social solidarity networks in civil society; the democratization of the protection of social rights in social and institutional terms; and the efficiency in the administration of these rights, with lower costs, satisfactory public policies and results in terms of capabilities.