Princípio da proibição da insuficiência e o STF: o princípio da proporcionalidade para a garantia dos direitos fundamentais no Brasil.

Abstract

The Constitution of the Federative Republic of 1988 called the citizen's constitution has as a major corollary the protection of the dignity of the human person. That is, the national State must guarantee minimum conditions of existence for its citizens. For this, the Brazilian Constitution lists both human rights and fundamental rights and guarantees. All these are intended to ensure the good of all. In this way, the legal order of the country in its wake extols principles of equality, freedom and fraternity arising from the Declaration of the Rights of Man and Citizen of the French Revolution of 1789, which claimed the good of all against the privileges of a few. Therefore, in order to assert fundamental rights and guarantees and establish a fair legal order, the current Brazilian State is organized into political entities that are structured in a tripartition of powers where their respective attributions are linked in laws so that political powers, in addition to representing the State must comply with and enforce compliance with the legislation. In this sense, it is the duty of the State to promote the good of all citizens in order to ensure fundamental rights, which can only be restricted according to criteria of proportionality, that is, adequacy and necessity in the face of the concrete case. Therefore, insufficient protection of the fundamental rights of the citizen is unacceptable in the National State. In this sense, the STF has already brought numerous decisions regarding the prohibition of the principle of insufficient protection, placing it as a violator of the fundamental rights of the individual. Thus, the general objective of this work is to explain the character and need of the State to promote fundamental rights under penalty of insufficient protection and violation of them.