The Right to a Basic Family Income: The Constitutionalization of the Right to a Minimum Income in Brazil

Abstract

This study analyses the configuration of the right to a Basic Family Income, as introduced in the sole paragraph of Art. 6 of the 1988 Constitution through Constitutional Amendment No. 114/2021. The research addresses relevant aspects of the process of drafting the rule, as well as the normative context that preceded it, notably the Bolsa Família Program, the Emergency Aid to Workers, and the Citizen's Basic Income, as well as the Writ of Injunction No. 7300, in which the unconstitutionality of the omission to regulate the law creating the Citizen's Basic Income was recognized. An analysis has also been carried out of the New Bolsa Família Program, which is presented as a supposed step in the implementation of the Basic Family Income and the Citizen's Basic Income, highlighting the normative characteristics that make it inconsistent with fulfilling this purpose.

Keywords: Minimum Income, Social Security, Poverty, Basic Family Income, Constitution, Brazil