La vinculación de los poderes del estado a la concretización de derechos fundamentales sociales: ¿hay espacio para un margen de apreciación del legislador?

Abstract

: The effectiveness and protection of the fundamental social rights are purposes of the State, linking all the State Powers in this task. In face of such a situation, and of the problems and debates that surround the fundamental social rights, notably peered here their multifunctional nature and the possibilities of judicial protection, it is aimed to analyze the feasibility of the recognition of a margin of appreciation from the legislator in relation to these rights. It is asked, thus, if, in front of these features and of the state link to their protection, there is space for a legislative margin of appreciation in the implementation of the fundamental social rights, using, for this purpose, the deductive method and the bibliographic research technic. It is possible to conclude, from the conducted study, that the space for legislative decision is not unlimited, being the legislator, like the other State Powers, linked to the implementation of the fundamental social rights, being him the first to guarantee them, legitimating himself to the judicial action in face of his omission.