FUNDAMENTAL SOCIAL RIGHT TO SOCIAL SECURITY AND THE DUTY (IN)APPLICABILITY OF RESERVE FOR POSSIBLE:A LOOK INTO THE AGREEMENT OF PUBLIC CIVIL ACTION Nº 0002320-59.2012.4.03.6183

Abstract

Social security benefits are considered fundamental social rights, contemplates as the Federal Constitution. These rights are fundamental to the point that it is impossible to achieve the effectiveness of a dignified life without the guard of a consolidated security and guarantor of their legal compliance. The reserve for possible can not be claimed when the reason of the clash is social security benefits payable by the independent federal agency, considering the nucleus sustenance of the benefit. The Public Civil Action nº 0002320-59.2012.4.03.6183 brought with it a relevant question in the discussion about social rights and the State's duty in the immediate effectuation of these when we look under the cover of utilitarianism.