Direito fundamental social à alimentação e a sua efetivação pelo poder judiciário

Abstract

The work on display is about the fundamental social right to food, whose analysis will be on their legal and constitutional setting, focusing on defining its contours legal-dogmatic, as well as the possible interference of the judiciary in the context of realization of this right . In order to collaborate in the construction of a social theory of the fundamental right to food from the general theory of fundamental social rights, several issues concerning the general theory were explored in early labor giving support specific approach around the right to supply. The research herein presented is of type theory, the view that realization is guided in bibliographic material that deals with the subject in vogue, and has used the deductive method of analysis, because the study is located in a general plan and abstract, from which you can certainly draw conclusions for specific situations. As an indication of possible results, it can be said that the right to food, it is a fundamental social right and was even elevated to this category on the legislative level by Constitutional Amendment. 64/2010, fulfilling therefore lead to effect its accomplishment, which may subsist under the Judiciary, behold the legitimacy of their interference in this endeavor is justified by the fact that the principle of human dignity represents the core and normative basis of the right to food, so that the realization of this right represents a constitutional mandate.