AN INVESTIGATION OF ADI NO. 7.222 IN LIGHT OF THE ECONOMIC ANALYSIS OF BRAZILIAN LAW: THE EFFECTIVENESS OF FUNDAMENTAL RIGHTS
Abstract
This paper aims to demonstrate that the Economic Analysis of Law, when correctly received and applied in Brazilian territory, can assist in the promotion and enforcement of fundamental rights. To this end, the bibliographical methodology will be used, exemplified by ADI No. 7222, a decision of the Federal Supreme Court that determines the (in)constitutionality of the salary floor for nursing professionals, a fact that will be explored and refused in this research. In addition, we will seek to insert the idea that foreign theories can and should be adapted for implementation in the Brazilian legal system, understanding the dialogue between them as important for the protection and guarantee of social and individual rights.
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