Neoconstitucionalism and social rights

Abstract

In the field of the contemporary constitutionalism, part of the researches talk about the existence of a new model. This new theoretical base - neoconstitutionalism -, although widely cited, is still loosely defined. This paper verifies the consequences of the acceptance of this model in relation to the social rights. It starts with the analysis of the doctrine in search of a possible definition for 'neoconstitutionalism' and its basic characteristics. It follows with the analysis of the different aspects connected with the necessary changes in the theory of social rights. This scenario is especially important to peripheral countries like Brazil, which have not yet fulfilled the promises of modernity constitutionally guaranteed in the beginning of the last century.