Abstract
The right (and guarantee) to an existential minimum for a dignified life has been a constant presence in the Brazilian academic and judicial debate, either in the plan of the Superior Courts or in the ordinary courts. From this perspective, the role of the Supreme Court stands out, which, over the past few years, especially since the 2000s, has repeatedly used to the notion of existential minimum in different contexts, mainly in the field of fundamental social rights. The paper intends, after a brief digression on the origin and contents of the existential minimum, to examine, in the light of some examples, the role of constitutional jurisdiction in its interpretation and application, exploring some cases judged by the Supreme Court on the subject, based also, although for illustrative purposes, the foreign constitutional law, especially the German law.
Keywords:
existential minimum; social rights; judicial review; public policy; Brazilian Supreme Court