Abstract

QUINTILIANO, Leonardo David. THE SELF-LINKING OF THE LEGISLATOR TO THE STANDSTILL PRINCIPLE IN BRAZILIAN AND PORTUGUESE LEGAL DOCTRINE AND JURISPRUDENCE. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.255-278.  Epub Dec 18, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.14.

This article seeks to revisit the application of the standstill principle as a way of self-linking the legislator to social rights, especially in times of crisis.

Although this self-linking has been disregarded by the doctrine, the standstill principle reappears in times of crisis of the Welfare State, especially when there are structural reforms, such as the social security reforms in Brazil and Portugal, to mention a few examples.

A logical analysis of the arguments contained in Brazilian and Portuguese jurisprudence, as well as the doctrinal foundations that support them, allows us to conclude that there are still three situations that can justify the incidence of a standstill principle in states with greater or lesser constitutional dirigisme.

Keywords : Standstill principle; Welfare State; Self-linking of the legislator.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )