O constitucionalismo solidário: responsabilidade, democracia e inclusão

Abstract

The present dissertation seeks the analysis of social solidarity and its projection over the Brazilian Constitutional System, with the purpose of setting forth the outlines, foundations and boundaries to make effective public policies e judicial decisions. Furthermore, one of the main subjects of the present paper is to set forth the boundaries and possibilities of solidarity as a leading value to the field of Politics, mainly the practice of democracy. The study starts from a historical and philosophical analysis to introduce solidarity as a juridical principle that underlies rights and duties, finding on the recognition of differences its major field of incidence. In Politics, solidarity opens up itself as an option for an anti-elitist democracy, which has in conflict, tolerance, and divergences the cornerstone that provides a respectful dynamic of differences, generating social cooperation because of these inherent mutual esteem and respect. The duties of intersubjective recognition and social esteem enable a dialogical and interactive social construction, in which their subjects are respected as free and equal beings, deservers of equal respect and consideration. Such affirmation is put on trial when confronted with the constitutional viability of racial quota in Brazilian Public Universities. Likewise, solidarity is projected over the juridical field due to its contemplation by the Brazilian Constitution of 1988 as a fundamental principle/objective of the Federal Republic of Brazil. For this reason, the jurisprudence of the Brazilian Supreme Court of Law has been constantly employing the fundamental principle of solidarity to sustain decisions involving fundamental rules of redistribution and recognition. Such decisions allow us to draw a minimum content of this principle under the light of the Brazilian social and cultural order that, by the way, were not left aside over the current work. This material content finds in the rules of redistribution and recognition, mainly the latter, its foundation for juridical efficiency, making possible, sometimes, even a direct application of solidarity through the duties.