O papel do terceiro setor na realização dos direitos sociais

Abstract

The current work approaches the delimitation of the role of the Third Sector in the function of promoting the social rights established by the Federal Constitution of 1988.The Third sector is presented as the main promoter of the social rights in the non state range (standing out because of its characteristics, principles, ways of acting and goals). The analysis of the constitutional text proves that the Third sector should act as a complementary way of the State, which is already its primary responsibility. Meanwhile, to justify the objectives that had been reached, we discuss the ways in which the State directly and indirectly promotes social rights, we also discuss the State’s nurturing (tax incentives and subventions) and the subsidiary principle. The research also analyzes social rights' volunteer branch together with the Human Dignity principle, justifying the presentation of the social rights as the developer of material equality and as a dimension of the fundamental rights. Moreover, it presents the Third sector in its political, social and juridical aspects, starting from a compared law study about the theme of the Third sector to get to the juridical concept of it. The work also discusses the evolution of the third sector in Brazilian society, also drawing its fundamental principles of efficiency and solidarity. In the end, this work presents the subjects and the entities inserted through laws since 1998, by occasion of the discussion led during the ‘Solidary Community Counsel Round of Political Interlocution’, which are being called the reform of the legal aspect of the Third Sector in Brazil: Volunteer work, Social Organizations and the Civil Society Public Interest’s Organization.