The effectiveness of social assistance rights in the social security system

the role of social advocacy in access to justice

Abstract

This study addresses the effectiveness of social assistance rights within the Brazilian social security system, focusing on the role of social advocacy in promoting access to justice and guaranteeing fundamental social rights. The research is guided by the following question: what are the legal and institutional limits to the realization of social assistance rights through the work of social advocacy? In this context, the general objective is to analyze the legal and institutional constraints affecting the realization of social assistance rights, examining social assistance as a public policy for social protection and the impacts of judicialization in Brazil. The study is justified by the social and legal relevance of the topic, considering the difficulties faced by vulnerable populations in accessing the rights guaranteed by the 1988 Federal Constitution. Methodologically, the study employs bibliographic and documentary research with a qualitative approach, analyzing doctrinal works, constitutional and infra-constitutional legislation, scientific articles, and academic literature related to social security, social assistance, and the realization of fundamental social rights. It concludes that social advocacy plays an essential role in realizing social assistance rights, contributing to the strengthening of access to justice, citizenship, and social protection within the democratic rule of law, although its efforts face challenges stemming from normative, institutional, and structural limitations that impact the full realization of these rights.