TY - JOUR AU - Strapazzon, Carlos Luiz AU - Tramontina, Robison PY - 2016/12/30 Y2 - 2024/03/28 TI - Constitutional social rights without a social security philosophy JF - Revista Brasileira de Direitos Fundamentais & Justiça JA - DFJ VL - 10 IS - 35 SE - DOUTRINA NACIONAL DO - 10.30899/dfj.v10i35.101 UR - https://dfj.emnuvens.com.br/dfj/article/view/101 SP - 227-251 AB - <p>Brazilian constitutional law has a broad and multidimensional conception of fundamental&nbsp;rights. The so-called Welfare Rights are part of them. They are not only formally grounded on Title II, the&nbsp;Bill of Fundamental Rights, but are also protected by particular Constitutional Actions established as&nbsp;means for judicial implementation thereof. Welfare Rights as healthcare, social insurance and social&nbsp;care services for the most vulnerable, enjoy, therefore, a preferential position within the Brazilian system&nbsp;of constitutional rights. This article maintains that in spite of adopting a strong constitutional framework&nbsp;for healthcare, social insurance and socialcare services, the lack of a consistent and coherent political&nbsp;philosophy for welfare state seriously undermine the progressive implementation of these constitutional&nbsp;rights. In the first part the manuscript seeks to clarify the causes of this circumstance of recognition of&nbsp;health, socialcare and social insurance as fundamental rights without equivalent recognition of social&nbsp;security as a proper human right. Afterwards, the article is particularly concerned with the features&nbsp;of the judicialization of social rights. As a matter of conclusion, the article points out this situation<br>as a paradox by addressing the lack of a proper philosophy of social security in a context of strong&nbsp;constitutional protection for health, social insurance and social care services.</p> ER -