Neoconstitucionalismo, Estado social e distribuição de renda na ordem político-constitucional brasileira

Abstract

This study aims to analyze the influence of contemporary constitutionalism, notably neoconstitutionalism, on the Brazilian political-constitutional order, using as a parameter the reflections of the notion of the welfare state, given that they are related theories. Thus, it will study how these movements impacted the reduction of wealth inequality, from the perspective of the economic order, aiming to understand such phenomena also philosophically and sociologically, that is, beyond the text of the Federal Constitution and the limits of Legal Science. It seeks to present the historical outline of neoconstitutionalism and the welfare state, both resulting from the decline of the liberal state, as well as from classical legal positivism. It will also expose the purposes of these currents regarding income distribution, as well as their impacts and the obstacles found in Brazil. Finally, it will address the Constitution of the Federative Republic of Brazil of 1988, and the means provided therein in the economic order that aim to promote social equality, and the factual observance of such prescriptions. For the development of the work, qualitative research was conducted, of the bibliographic type, with descriptive analysis. As a result, it was understood that income concentration and underdevelopment in Brazil, from the perspective of the economic Constitution, have ideological and political roots, resulting from a superstructure built on the economic factor, where capitalist and neoliberal interests prevail, sustained historically.