Fundamental Rights and Guarantees in Title II

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What is the main characteristic of prestational rights?

They limit the state's action to political relations only.

They establish limits on private individuals.

They revoke previous normative acts.

They focus on economic dimension. (correct)

How do fundamental rights influence relations between private individuals?

By applying only to political interactions.

By allowing unlimited interference by the state.

By excluding fundamental rights in private relations.

By ensuring equality among the parties. (correct)

In what way do social rights affect the state and private individuals?

They have no impact on the state.

They only impact private individuals.

They create effects for both the state and private individuals. (correct)

They solely benefit the market sector.

What is the main focus of vertical effectiveness of rights?

The relationship between the public and private sector. Signup and view all the answers

How does the state fulfill its duty regarding social rights?

Mainly through public policies. Signup and view all the answers

What serves as criteria for applying fundamental rights in relations between private individuals?

Equality between parties and protection of minimal existence. Signup and view all the answers

What do fundamental social rights correspond to, according to the text?

Special guarantees through enforceable legal norms Signup and view all the answers

What is the foundation of Brazilian law?

Constitutional norms Signup and view all the answers

What is the main characteristic of Atos das Disposições Constitucionais Transitórias?

They have a fixed duration unlike regular constitutional norms Signup and view all the answers

When do fundamental rights/norms in the constitution have immediate application?

When they do not require legal enforcement Signup and view all the answers

What is the purpose of creating and shaping agencies, sectors, or departments by the state?

To ensure the dignity of every person Signup and view all the answers

Why are fundamental social rights considered subjective rights?

Because they are enforceable by individuals Signup and view all the answers

Which dimension of rights corresponds to civil and political rights connected to the value of freedom?

1st dimension Signup and view all the answers

What type of action does the state take in the 2nd dimension of rights?

Positive intervention Signup and view all the answers

Which dimension involves rights related to democracy, information, and pluralism?

4th dimension Signup and view all the answers

What is the main value connected to the 3rd dimension of rights?

Fraternity Signup and view all the answers

Which aspect characterizes fundamental rights according to the text?

State's non-exceedance of imposed rights and obligations Signup and view all the answers

Who proposed a 5th dimension of rights related to the right to peace?

Paulo Bonavides Signup and view all the answers

What does judicial activism imply?

Creating new rights by a judge's decision. Signup and view all the answers

How were social rights treated before the Brazilian Constitution of 1988?

Purely as programmatic guidelines. Signup and view all the answers

What is the significance of rights being 'fundamental materially'?

Their implementation is central to the realization of human dignity. Signup and view all the answers

What does the right to food involve besides basic food?

Investing in rural production and ensuring product quality Signup and view all the answers

What differentiates rights being 'fundamental formally' from 'fundamental materially'?

One relates to human dignity, the other to societal values. Signup and view all the answers

What does immediate application of fundamental rights under Article 5, Section 1 of the Brazilian Constitution mean?

No need for further legislation to enforce these rights. Signup and view all the answers

How does the state aim to balance relationships between employees and employers?

By ensuring job security and protecting individuals in their interpersonal relationships Signup and view all the answers

How has the role of the judiciary changed regarding social rights post the 1988 Brazilian Constitution?

It has gained more power to enforce social rights directly. Signup and view all the answers

What is necessary for an individual to have a place to live according to the text?

Incentives and social programs provided by the state Signup and view all the answers

Which of the following is a characteristic of adequate transportation as per the text?

Services that pass through all locations in a municipality with appropriate tariffs Signup and view all the answers

What is the main focus of the state in providing investments for rural production?

To ensure satisfactory production and lower prices Signup and view all the answers

Why is it important for housing constructed by the state to have basic amenities like water and electricity?

To guarantee a minimum standard of living for residents Signup and view all the answers