Dialogic public administration: in search of social fundamental rights isonomic concretization

This article, from the recognition of the immediate applicability of fundamental social rights and considering that the Republic’s Constitution establishes a Democratic and Social State of Right and, considering the constitutional duty of the Administration to implement those rights, presents the po...

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Detalles Bibliográficos
Autor principal: Bourges, Fernanda Schuhli
Formato: Artículo revista
Lenguaje:Portugués
Publicado: Universidad Nacional del Litoral 2018
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Acceso en línea:https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/Redoeda/article/view/9097
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Sumario:This article, from the recognition of the immediate applicability of fundamental social rights and considering that the Republic’s Constitution establishes a Democratic and Social State of Right and, considering the constitutional duty of the Administration to implement those rights, presents the possibility of the adoption of dialogue mechanisms in the administrative action, in order to make the Public Administration compatible with the Constitution, especially so that, based on dialogical social participation, the social fundamental rights may be concretized in advance and isonomically, in their subjective and objective dimensions. The purpose is based on the intensive volume of lawsuits with the aim of fundamental social rights achievement, but those decisions oftenly present non-isonomic effects and with little fundamental social rights realization potential. Thus, from the hypothetical-deductive method, the Dialogical Public Administration is presented with the use of democratic procedures of dialogue with the community, so that the real needs and possible solutions can be harnessed to the anticipated and isonomic accomplishment of the fundamental social rights, especially in its objective dimension.