30 Questions
What is the main characteristic of prestational rights?
They focus on economic dimension.
How do fundamental rights influence relations between private individuals?
By ensuring equality among the parties.
In what way do social rights affect the state and private individuals?
They create effects for both the state and private individuals.
What is the main focus of vertical effectiveness of rights?
The relationship between the public and private sector.
How does the state fulfill its duty regarding social rights?
Mainly through public policies.
What serves as criteria for applying fundamental rights in relations between private individuals?
Equality between parties and protection of minimal existence.
What do fundamental social rights correspond to, according to the text?
Special guarantees through enforceable legal norms
What is the foundation of Brazilian law?
Constitutional norms
What is the main characteristic of Atos das Disposições Constitucionais Transitórias?
They have a fixed duration unlike regular constitutional norms
When do fundamental rights/norms in the constitution have immediate application?
When they do not require legal enforcement
What is the purpose of creating and shaping agencies, sectors, or departments by the state?
To ensure the dignity of every person
Why are fundamental social rights considered subjective rights?
Because they are enforceable by individuals
Which dimension of rights corresponds to civil and political rights connected to the value of freedom?
1st dimension
What type of action does the state take in the 2nd dimension of rights?
Positive intervention
Which dimension involves rights related to democracy, information, and pluralism?
4th dimension
What is the main value connected to the 3rd dimension of rights?
Fraternity
Which aspect characterizes fundamental rights according to the text?
State's non-exceedance of imposed rights and obligations
Who proposed a 5th dimension of rights related to the right to peace?
Paulo Bonavides
What does judicial activism imply?
Creating new rights by a judge's decision.
How were social rights treated before the Brazilian Constitution of 1988?
Purely as programmatic guidelines.
What is the significance of rights being 'fundamental materially'?
Their implementation is central to the realization of human dignity.
What does the right to food involve besides basic food?
Investing in rural production and ensuring product quality
What differentiates rights being 'fundamental formally' from 'fundamental materially'?
One relates to human dignity, the other to societal values.
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.
How does the state aim to balance relationships between employees and employers?
By ensuring job security and protecting individuals in their interpersonal relationships
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.
What is necessary for an individual to have a place to live according to the text?
Incentives and social programs provided by the state
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
What is the main focus of the state in providing investments for rural production?
To ensure satisfactory production and lower prices
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
Learn about the characteristics of fundamental rights and guarantees present in Title II. Explore the historical, universal, effective, relative, complementary, inalienable, imprescriptible, irrevocable, and inviolable aspects. Understand the dimensions of rights related to civil and political liberties as well as economic, social, and cultural rights.
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