O MINÍMO EXISTÊNCIAL COMO GARANTIA DE REALIZAÇÃO DOS DIREITOS HUMANOS EM ANGOLA
Abstract
This essay aims to analyze the realization of human rights in the Rule of Law, in particular in the Republic of Angola, which in the light of its constitution grants it the quality of Rule of Law, through the positivization of the principle of the Dignity of the Human Person, as well as the consecration of the Welfare State. The present study will hybridly adopt the foundationalist and non-foundationalist discourses of human rights to support the thesis of the right to the existential minimum as a guarantee for the realization of human rights. The sociopolitical and legal context of Angola instigates the questioning of the applicability of human rights in social reality, however, this task does not detract from the logical analysis of the phenomenology of human rights from the principle of the dignity of the person and the existential minimum. The thesis presented is very new to the Angolan legal reality, as there are no decisions in the jurisprudence of superior courts regarding the guarantee of the existential minimum. In this sense, the study aims at the systematic (legal and doctrinal) gathering of the foundations of the thesis, in order to contribute to the consolidation of human rights in Angola and other legal systems.
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