O Cooperativismo como instrumento de concretização de direitos fundamentais sociais

Abstract

This paper looks into the role of cooperativism as set out in the 1988 Constitution. It addresses it as a tool to attain fundamental social rights. These fundamental social rights are socially quite ineffective, in spite of being actual fundamental rights and of therefore enjoying immediate and direct applicability, in accordance with provisions of Paragraph 2 of Article V of the 1988 Constitution. It suffices to take notice of the rift between constitutionally granted social rights and the Brazilian reality. Individual as well as class action lawsuits are commonly filed to demand the enforcement of one particular social right. However, serious doubts have been raised as to the role of the judicial branch in view of its alleged illegitimacy and lack of technical competence when it comes to the making of public policy. Moreover, inaction on the part of the Executive and Legislative Branches as well as legal roadblocks to court rulings call for an alternative way to implement fundamental social rights. Article 174, Paragraph 2 of the 1988 Constitution states that the law shall support and foster Cooperativism. It is found in the chapter that addresses the economic framework, which itself subscribes to balanced national development. Accordingly, one can reach the conclusion that Cooperativism furthers such development. The reason thereof is the fact that its practical application will always bring, either directly or indirectly, at least one social right to bear. It can thus be said that Cooperativism works as a valuable socio-economic instrument towards attaining social justice, bringing fundamental social rights into being, improving quality of life for the population, and helping to meet the fundamental goals of the Brazilian Republic.