O direito humano à alimentaÃÃo adequada no Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

This work is a documental, bibliographical, legislative and jurisprudential research on the importance of food to the life of the human being, and also on the acknowledgment of the juridical profile and enforceability of alimentary needs. There is the purpose of identification of how juridical theories contributed and still contribute to the violations of the human right to adequate food. Neoliberals and procedimentalistics theories will be considered a support to the idea of exclusivity of the political exigibility of economic, social and cultural rights, ratifying the use of the theoretical arguments âexistential minimumâ and âmaximum resourcesâ as immovable excuses to disrespect the human dignity. The appreciation of critical and contemporary hermeneutical juridical theories allowing the perception of justiciability of economic, social and cultural rights as instrument in order to reach the effectiveness of the human right to adequate food and demonstration of the use of these theories by judicial decisions from International Courts and the Supremo Tribunal Federal itself are fundamental keys to understand the ideology behind judicial decisions. Although it has being demonstrated the essentiality of the control of public policies by the Judiciary Branch, it is shown as evident in this work that the justiciability is not the only mean to realize the human right to adequate food in Brazil, exemplifying the importance of non-judicial or quasi-judicial instruments to enforce its realization, with a good grade of efficiency

ASSUNTO(S)

right, food, justiciability direito direito, alimentaÃÃo, justiciabilidade

ACESSO AO ARTIGO

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