Do estado social ao estado de risco: a transformação do paradigma da segurança no estado constitucional de direito

Abstract

In this Article, we present a new theoretical model of the constitutional rule of law that aims to face the epistemological challenges raised in risk society. Considering the crisis of the social state model and the transformations provoked by environmental, sanitary and technological risks, experienced in a global scale n contemporary society, we suggest that the constitutional rule of law should be understood through the theoretical model we call risk state. Analyzing the transformation of the concept of security in Constitutional rule of law, we seek to demonstrate that, beyond the simple addition of new constitutional goals -such as environmental e consumer protection -the very source of legitimization of the State is changed. We consider that the risk state model has a higher descriptive and normative potential than the social state model, as well as is more capable to evidence democratic and institutional challenges raised in risk society.

Gestão a Serviço Do Bem-Estar Social

“…O Estado social de direito está intimamente ligado ao cuidado do presente para a transformação benéfica do futuro (MAURICIO JUNIOR, 2017).…”