Ditadura e direitos sociais: a histÃria da ConstituiÃÃo dos direitos sociais no Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The present work constitutes a study on the particularities, meanings, basis, tendencies and determiners of the constitution of the social rights history in the State regulation process regarding work relations in Brazil. In order to approach the topic studied the historical recuperation of the law basis in the classic, medieval and modern eras was taken as the starting point, having as reference the investigation of their most general features which resulted in representations and responses, in certain contexts, to the humanity needs. In this sense, for the understanding of the study matter â to study the genesis and the constitution of the social rights in Brazil in the historical context distinguished initially by the liberal orthodoxy and by the corporative State â this work aimed at analyzing the peculiarities of the institutionalization of these rights, their meanings, figurations and unfolding, in a scenario permeated by antagonisms and contradictions. In this respect, the historical comprehension as well as the analysis of the determinations inscribed in the reality movement were the relevant matters â to understand how the social rights constitution process in Brazil was structured mainly for the urban workers between 1920 and 1943, to understand how the reversals happened by means of legal-institutional settlement implemented by the State during the social regulation process under the urban workers organization pressure as well as the hegemonic power in the face of the need for development, modernization and capitalism accumulation, i.e. the tendencies which were set as work social protection and the ways by which they were legitimatized by means of social laws present in the social and political relations established. Assuming that the determinations were given by the matter, the research has, as a starting point, the historical analysis concepts and basis which are categories considered necessary for the understanding of the matter in its peculiar and universal features. The investigation was developed by means of documental and bibliographic research. For the bibliographic research, an analytical study of classical work by different writers was conducted aiming at understanding and clarifying theoretical matters about the State, Law and civil Society. For the documental research, general and specific sources were used, highlighting, amongst others, The Citizen Rights Declaration Carta (1789 â French Carta), Brazil Federative Republic Constitutions (1891- 1934-1937), the Working Law Consolidations (1920-1943), as well as National Congress Annais and official bulletins from the Ministry of Labor

ASSUNTO(S)

estado sociedade civil state social rights direitos sociais civil society servico social

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