2018
DOI: 10.5380/rinc.v5i2.57577
|View full text |Cite
|
Sign up to set email alerts
|

Conventionality control and Amendment 95/2016: a Brazilian case of unconstitutional constitutional amendment

Abstract: This article presents reflections on Brazilian Constitutional Amendment 95/2016, which established the New Tax Regime and consequently the ceiling of public spending in Brazil for a period of twenty years, which has serious consequences for Brazilian public services. The hypothesis defended in the study is that Amendment 95/2016 is an unconstitutional constitutional amendment, since it violates the essence of the Social State present in the original text of the 1988 Constitution and has direct influences on th… Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
2
1
1

Citation Types

0
3
0
1

Year Published

2019
2019
2023
2023

Publication Types

Select...
6
1

Relationship

1
6

Authors

Journals

citations
Cited by 9 publications
(8 citation statements)
references
References 3 publications
0
3
0
1
Order By: Relevance
“…This scenario fostered unemployment, poverty and hunger. The fight against food insecurity in Brazil was interrupted with the adoption of austerity measures, such as the National Amendment 95/2016 (4) , which reduced public expenditure on social policies, in addition to labour and social security reforms, which represents a scenario of violation of human rights that are being aggravated by the current pandemic. In this context, the goal of this commentary is to expose the situation of FNS in Brazil in the context of the COVID-19 pandemic by providing a critical analysis of this scenario and suggesting ways to move forward.…”
Section: Introductionmentioning
confidence: 99%
“…This scenario fostered unemployment, poverty and hunger. The fight against food insecurity in Brazil was interrupted with the adoption of austerity measures, such as the National Amendment 95/2016 (4) , which reduced public expenditure on social policies, in addition to labour and social security reforms, which represents a scenario of violation of human rights that are being aggravated by the current pandemic. In this context, the goal of this commentary is to expose the situation of FNS in Brazil in the context of the COVID-19 pandemic by providing a critical analysis of this scenario and suggesting ways to move forward.…”
Section: Introductionmentioning
confidence: 99%
“…The inequalities in specialized services access presented and discussed in this study are related to and intensified by the socioeconomic and political scenario in which the country is immersed. If on the one hand all the achievements in relation to the creation of the SUS, its health care network and programs have favored the supply of and access to health services by the population [ 3 ], on the other hand the fiscal austerity measures [ 52 ] with health budget freezing through the Previne Brazil Program and Technical Note No. 3/2020, which institute new funding rules for Primary Health Care and repeal the federal funding of the Family Health Extended Core and Basic Care (NASF-AB) teams, respectively [ 53 , 54 ], configure a process of discontinuity and weakening of public health policies.…”
Section: Discussionmentioning
confidence: 99%
“…According to Roznai and Kreuz (2018), the new rules disregarded economic growth rates and population growth for the next twenty years, which may have led to a scarcity of social policies, especially in health and education.…”
Section: Constitutional Amendment 95/2016mentioning
confidence: 99%