THEMES

WELFARE STATE AND THE CHALLENGES OF THE MODERN ECONOMY

The Social State deals with the constant exercise of reconciling economic development with the well-being of citizens, guaranteeing them education, health and other rights. It is an equation of delicate balance, in which social demands must be met, at the same time that governments are faced with the systematic restriction of resources and the growing need to control public expenditures and the fiscal situation. Reflection on the topic requires an in-depth and, above all, multifaceted analysis, so that, from different perspectives, it is possible to discuss the role of the Social State, in view of the challenges of the modern economy.

FUNDAMENTAL RIGHTS IN THE CONTEXT OF WELFARE STATE REFORM

Rethinking the Social State, its function and action in the contemporary world, implementing reforms to better adapt it to current socioeconomic needs, is essential not only in terms of modernizing management and the administrative apparatus, but also with regard to the drafting and implementation of public policies. In this context, the approach to fundamental rights becomes imperative, stimulating reflection on investments in the areas of education, health, social security, and others.

CONTEMPORARY CHALLENGES OF UNIVERSITY EDUCATION: ACCESS, QUALITY AND FORMS OF FUNDING

The democratization of higher education and access to it have been continuously discussed by Brazilian and Portuguese societies in recent decades. In Brazil, with the increase in the supply of higher education, questions are being asked about the quality of education. Another topic of debate relates to equity and the funding options available to students, since university costs, even if indirect, influence the decision to enter or remain in college. In Portugal, for its part, the limitation of resources directed to universities has led institutions to seek other sources of funding than the government, such as contributions from students. These issues lead to the need to think about the challenges of higher education, with a view to ensuring good university education.

PUBLIC HEALTH: ACCESS AND EFFICIENCY

Access to health is a basic right guaranteed by the Constitution, both in Brazil and in Portugal, but despite the fact that every citizen has the right to the public health system, in practice, there is a limitation of the demands that this system can effectively meet, which causes problems in terms of public policies. In Brazil, the health system requires better resource management and planning, and has been directly affected by the economic crisis and fiscal imbalance. In Portugal, in a similar way, the years-long economic recession, combined with budget cuts in several areas, including health, damaged the system and had a negative effect on drug expenses. Better management of public resources is necessary to make public health more efficient.

SOCIAL INCLUSION MECHANISMS

Social inclusion is a fundamental factor for countries' development, insofar as it contributes to creating equitable opportunities and assuring everyone adequate access to goods and services, with positive impacts on the reduction of social differences and on the quality of life of citizens. In addition to the protective bias, social inclusion has beneficial effects on the economy, which reiterates the importance of questioning inclusive policies and mechanisms.

NEW INTERNATIONAL RELATIONS AND THE REORGANIZATION OF TRADE

The influence of globalization on contemporary international relations relates both to the advance of telecommunications, characterized by the intensification of the dissemination and exchange of information, and to the growing interconnection between countries, from the point of view of business and the economy. Thus, there is greater interdependence between markets on a global scale, with the multinational actions of companies and the increase in commercial flow. If, on the one hand, the global logic of international relations drives the opening of markets, stimulating economic blocs, free trade areas, and multilateral relations, on the other, protectionism remains a factor with which Players they have to deal with it. Faced with this scenario, it is important to reflect on the new international relations established and how world trade has been reorganized in the face of them.

WEIGHTING AS A MEANS OF RESOLVING CONSTITUTIONAL CONFLICTS

The expansion of the Judiciary's activities, with regard to constitutional award, posed challenges and reflections regarding the balance and weighting essential to the basis of decisions, evidencing the need to distance itself from hermeneutics based on political interests and public opinion. Thus, the adequate interpretation and the isonomic treatment of the law, based on the principles of integrity, coherence and equality, would imply the strengthening of institutional trust in the higher courts, whose scope of activity must be based on the improvement of social bodies, the defense of fundamental rights and the guarantee of the Democratic Rule of Law.

TECHNOLOGICAL CHANGES AND THEIR SOCIAL, ECONOMIC AND LEGAL IMPACTS

Alongside the diffusion of computers, cell phones and other innovations, advances in automation, robotics, the Internet, and networking have transformed not only the way in which people relate to each other and carry out their daily activities, but have also affected the labor market, the forms of production, and the sale of goods and services. To keep up with these and the new technological changes that are to come, which affect society and the economy at a global level, the legal environment must adapt continuously, seeking understanding of the various impacts of such changes and this changing reality.

THE IMPACT OF GLOBALIZATION ON NATIONAL SOCIAL RIGHTS

The imminence and speed of the globalization process, as well as its impact on customs and cultures, have repercussions in the legal sphere: fundamental rights are directly influenced by the functional dynamics of contemporary societies. This situation has generated debates about the threshold between the maintenance of national sovereignty and the effectiveness of social rights in the face of new paradigms in flux, linked not only to the economic, financial and commercial spheres, but also to scientific-technological innovations, which honor the development of the means of production, transport and communication.