A exigibilidade dos direitos sociais: reflexões sobre as contribuições do núcleo interdisciplinar de interação jurídica comunitária para a extensão universitária

Abstract

The study addresses the enforceability of Social Rights in the Democratic State of Law. Although there is a protective legal system in the Brazilian international and constitutional scenario, the materialization of Social Rights still represents a huge challenge. From this perspective, the three powers - Executive, Legislative and Judiciary - are questioned when provoked by the populations deprived of Social Rights that wish to effect them in order to guarantee the Human Existential Minimum. In addition, the classification of Social Rights and, consequently, the possible incompatibility of Classical Liberalism with the Democratic State of Law are investigated. On the other hand, we discuss the role of public universities, which precede the formation of National States and are, as a rule, responsible for the construction of nation projects. In this day, the experiences of the Interdisciplinary Nucleus of Community Legal Interaction (NIIJuC-R) are presented, in order to better fulfill the precepts of an emancipatory education, according to the profile of egress foreseen in the Pedagogical Project of the UFSM Law Course. That attend to the Social Function of the University. In addition, it is sought to observe the fulfillment of the Social Function of higher education with a view to training law workers who overcome the traditional liberal individualizing paradigm. The Social Rights claiming practices, via NIIJuC-R / UFSM, point out perspectives with a view to institutionalizing them through the Free Judicial Assistance Nucleus (NAJG), focused not only on individual rights, but also collective and social rights, in the face of communities Deprived of rights in accordance with the governmental objectives of the Federative Republic of Brazil promulgated with the will of the national Constituent Assembly.