Resumo

PACHECO RODRIGUEZ, Miguel Ángel. Social Rights Enforcement: Some Contributions from Legal Theory. Derecho [online]. 2017, n.79, pp.267-286. ISSN 0251-3420.  http://dx.doi.org/10.18800/derechopucp.201702.011.

This paper explores some of the main contributions developed by legal theory in favour of social rights enforcement. The first part is devoted to the concept of subjective right and particularly to the conceptions due to Robert Alexy and Luigi Ferrajoli. The second part includes the analysis of the relationship between social rights and the principle of equality. Special attention will be given to Luis Prieto’s theory. Finally, both post-positivistic and neo-constitutionalistic theories of Law will be evaluated in terms of their degree of recognition and defence of social rights.

Palavras-chave : social rights; subjective right; legal enforcement; legal theory.

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