Limites à responsabilidade pública decorrentes do Estado Social e o advento da responsabilidade social
Rodrigues, Daniel Carmelo Pagliusi
Solon, Ari Marcelo
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Mascaro, Alysson Leandro Barbate
Direito Político e Econômico
This work concerns the responsibility of the State with view to its evolution and conformation to the political and juridical superstructure of social stamp, built on a capitalist infrastructure. To follow the evolution of the adjective responsible it is first necessary to be aware of the development of the State. From the appearance of the first model of capitalist State absolutism - to the current paradigm of welfare State, its history is confused with the history of a social class - bourgeoisie that was born, expanded itself, consolidated its power and intends to keep its supremacy. In a first moment, the absolutism served to centralize political power, to unify the territory and to put limits to the powers of feudal lords, but due to the development of trade, driven by the great maritime expeditions and industrialization, it became a hindrance to the capitalism expansion. Therefore, revolutions have been financed - in special the French one- to put an end to absolutism. The fall of the absolutism occasioned the raise of the non-intervention state policy, on the grounds of liberalism. Until this time, the State did not act and, therefore, could not be set as responsible. Considering the social and economic problems generated by liberalism, frequent revolts happened as from the second half of 19th century, culminating in the two world-wars and in the appearance of the Soviet Union, and so the State was requested to intervene again to alleviate the crisis and provide survival for the capitalism. Together to the need for intervention emerged the theory of the State responsibility and in this scenario the more development the State achieved, the more responsibility the State had to support. The matter of such theory is that it was built on a liberal basis for a State of welfare with a view to the strict protection of the individual rights, essentially the property, without concerning about the violation of social rights. It is worth mentioning that the Welfare State is capitalist and, therefore, its performance is restricted by the economic potential of its domestic market, which causes, therefore, a limitation of social rights. Meanwhile, the public responsibility is being understood as equivalent to indemnity but, in fact, this is a partial view of the issue, because it is insufficient as a sanction against violations of social rights, it is able to generate privatization of public resources and makes the State unable to comply with its social desideratum. Thus, the public responsibility should evolve not to serve as an obstacle to the acting of the State, but to impose it to act.
estado , estado social , liberalismo , neoliberalismo , capitalismo , responsabilidade , responsabilidade social , direitos individuais , direitos sociais , políticas públicas , bem-estar social , indenização , state , welfare state , liberalism , neoliberalism , capitalism , responsibility , social responsibility , individual rights , social rights , public politics , social welfare , indemnification.
RODRIGUES, Daniel Carmelo Pagliusi. Limites à responsabilidade pública decorrentes do Estado Social e o advento da responsabilidade social. 2008. 340 f. Dissertação (Mestrado em Direito) - Universidade Presbiteriana Mackenzie, São Paulo, 2008.