THE USE OF THE CRITERION OF THE SOCIAL RETROCESSION PROHIBITION IN THE ANALYSIS OF THE CONSTITUTIONALITY OF CHANGES IN SOCIAL RIGHTS IN LIGHT OF THE SOCIAL SECURITY REFORM

Abstract

This paper aims to analyze legal and constitucional changes promoted in social rights. In order to do so, it employs the deductive method. It verifies how the 1988 Constitution institutes social rights, concluding that there is a non-exhaustive list. Then, it faces the arguments related to the economic crisis and the suposed need to reduce public expenditures stemming from the cut in social rights, which would not have a deontological character, no imposing a duty. The social retrocession prohibition, in turn, is constitutionally guarded and can be used as a criterion for analyzing the constitutionality of legal and constitutional changes in social rights. In the end, it is verified that the setting of the death pension at a level below the minimum wage is inconstitutional and the reduction of family incomes in the death pension and retirement by age shoud be analyzed in the light of the existential minimum and legal certainty.