As restrições em torno da reserva do possível: uma análise crítica

Abstract

The study´s aim of this dissertation is the possible reserve and its main restrictions, which may diminish or even prevent its application to propositions that involve the consolidation of social rights. It is intended to demonstrate that the possible reserve may be argued by the public administration, as long as it is analyzed case by case and together with the proportionality, reasonability and the minimum existential. The theoretical grounds to affirm that the possible reserve may be considered a restriction to the consolidation of social rights are found by analyzing theories regarding the realistic support and the imposition of restrictions to these rights, as well as in the analysis of the origin, concept and applicability of the possible reserve. In a second moment, the theory of limits to the limits or, as we prefer to call theory of the restrictions to the restrictions, acts as a support to consider proportionality, reasonability and the minimum existential as a restriction to the possible reserve. Finally, the analysis of the jurisprudence of the Federal Supreme Court may be used in order to provide a critical analysis of the manner possible reserve is received and applied in the brazilian legal system. The research methodology comprehends the hypothetico-deductive method and the hystorical-sociological method, associated with bibliographical, documental (legislation) and jurisprudential research