O Estado na garantia dos direitos sociais: a função promocional do direito de Norberto Bobbio e o custo dos direitos

Abstract

The current research was developed as part of the requirements for a Master's degree in the Stricto Sensu Postgraduate Program in Philosophy at the Universidade Estadual do Oeste do Paraná, Toledo Campus. The focus of the study is the role of the state in ensuring social rights and its limitations, drawing on Norberto Bobbio's theory of the Promotional Function of Law. The central question of the paper is the state's role in guaranteeing the basic conditions and well-being of individuals in society, as expressed through social rights, particularly in the context of legal norm development amid globalization and the fragmentation of social rights. Based on the question, the general objective is to analyze how the promotional function of law can influence the state's legal system in ensuring social rights, cultivating their development in a society increasingly shaped by the contemporary scenario, and identifying the potential limitations and challenges to state action. The specific objectives of this research are to provide a brief contextualization of the author, the work being studied, and key concepts essential for a comprehensive understanding of the study. Then, its introduced an overview of the main theories influencing the promotional function of law and its effects on the state, including Bobbio’s distinction between the liberal and social state, the functional theory of law, and the theory of positive sanctions. Finally, the study analyzes Norberto Bobbio’s theory of the promotional function of law and its impact on the realization of social rights in the contemporary context, as well as the potential limitations and obstacles facing the state. This discussion is crucial for advancing the debate on policies aimed at promoting justice and equality within society. The relevance of the research is evident in both academic and social contexts. Academically, it reveals the lack of studies on the subject , as social rights are of utmost importance in the current state and legal framework and have been shaped by Bobbio’s thinking, particularly in their constitutionalization in Brazil. Socially, the research underscores the critical role of social rights in ensuring peaceful coexistence in society by guaranteeing basic conditions for the well-being of humans. Moreover, the debate surrounding the state's role in these rights highlights the importance of analyzing and promoting public policies focused on the welfare of individuals. The methodology employed is primarily bibliographical, involving critical readings of works such as From Structure to Function, The Age of Rights, and State, Government, and Society, alongside articles by commentators and comparative analyses between Bobbio and other relevant authors.