Direitos sociais: exclusão e desigualdades no contexto luso-brasileiro

Eds: António Casimiro Ferreira, Marcos Catalan, Guilherme Wünsch | Tirant, 2020


Bearing in mind that law reveals the metamorphoses of politics, and that law and politics combine socially, we intend to demonstrate how the emergence of models of social and economic organisation, such as the society of austerity, constrains institutional, legal and normative frameworks, which now take the form of "normality of the exception". Directing our arguments to the present, one can advance the idea that societies of advanced modernity, risk society, or, more properly, the society of austerity, pose a central question: that of how, in societies increasingly complex and marked by the accentuation of inequalities, social exclusion and vulnerabilities, the law can contribute to diminishing or, on the contrary, accentuating these negative and ethically damaging dimensions of life and dignified societies.

The rifts that cross societies today, considering the economic, social, political and cultural context marked by the ideological matrix of austerity and the normativity of the exception, are associated with the oppositions between commodification and politics, left and right, capital and labour, politicisation and depoliticisation, democracy and non-democracy, social justice and social inequalities. The question of the State, central to the political and legal debates, is now seen in the light of the opposition between new and old forms of regulation, crisis of political and legal regulation, and constraints imposed on the social state. These mentioned elements compose the lines of force of the relationship between the State and the law, which is now increasingly conditioned by the resumption of the notion of State of exception. 

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