Autonomous social services: internal organization, prohibition of social backward and stone clauses

Abstract

The text aims to investigate the autonomous social services and their internal organization, as well as the realization of an interpretation that progressively enforces the fundamental social rights by the autonomous social services, under penalty of injuring the constitutional principle of social non-retrogression. and the individual rights and guarantees of the Brazilian citizen listed as stone clauses in the constitutional text. The methodology consists of the analysis of legal and jurisprudential doctrine related to the theme, using bibliographic and documentary methods, with emphasis on the sources of study of Constitutional Law and General Theory of Law. Along this path, the problem to be answered is whether the State, over the years, especially the Executive Branch, can legally mitigate the existence and densification of fundamental social rights realized by autonomous social services. It is concluded that unconstitutional attempts to reduce the revenues from autonomous social services are impossible, and also that there are constitutional limitations for the extinction of these entities.