International Social Law for an International Solidarity Community

Authors

  • Guilherme Camargo Massaú Universidade Federal de Pelotas

DOI:

https://doi.org/10.5020/2317-2150.2017.5491

Keywords:

Brazilian Constitution, Human Dignity, Social Rights, Solidarity, European Union.

Abstract

Abstract: This paper aims to establish a common ground for solidarity requirements at the international level, in special between Brazil and the European Union. This essay departs from an initial international solidarity assumption, i.e., the common idea of human dignity both in international statements and in State constitutions, as well as from rules of Community law. As to restrictions, the paper is based on the European Community law and the Brazilian constitution, and thereby discusses a common element worthy of legislative protection, which is the human being rather than the citizen. Thus, both in Community and in Brazilian law, one's foreign, native or community condition should not interfere with the human being access to social rights. Therefore, by defending the respective regulatory scopes, such dimensions are committed to promoting human dignity in terms of social rights, in solidarity with the human condition itself, in whatever it requires. The study made use of the deductive method, once it is developed from general premises in order to find an answer to a specific situation, that of the international solidarity between Brazil and the European Union. The text included a literature review and consultation to legislative documents.

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Author Biography

Guilherme Camargo Massaú, Universidade Federal de Pelotas

Professor da Faculdade de Direito e do Mestrado em Direito da UFPel; Doutor em Direito pela Unisinos; Mestre em Ciências Jurídico-Filosóficas pela Universidade de Coimbra; Autor: Metodologia Jurídica: do início da ciência do direito ao iluminismo português. Editora Atlas; O princípio republicano constituinte do mundo-da-vida do Estado constitucional cosmopolita. Editora Unijuí.

Published

2017-06-14

Issue

Section

Artigos