La aplicabilidad de los derechos sociales prestacionales en los sistemas jurídicos contemporáneos

Abstract

In the last decades is being possible to verify important changes inside legal systems, mostly on systems that follow the civil law system. Those changes have resulted in the creation of a law doctrine known by neoconstitucionalism, contemporary constitucionalism or postpositivism. On the other way can be also said that this theory has caused many changes in central themes of law theory. Due to it, this research wants to analyze those changes from three different perspectives: a) theory of law, to verify the logic presented by this new law model and it�s compatibility with positivism; b) democratic theory, to analyze how the judge�s activism can affect in the conception of democracy, and finally; c) normative theory, to make clear some points about the functions ruled by principles and rules in contemporary law systems. This analysis intends to clear some important points to study social rights, mostly those that involve material goods. Those rights reproduce in its complex application process, all the changes happened in the system brought by neoconstitucionalismo. Through this perspective, we intend to offer more elements to explain the different applications those rights have had in different legal systems.