The right to adequate food: A study in the light of the Brazilian provisional measure 870 constitutionality

• Main Authors: Sandra Oliveira de Almeida, Daniela Sanches Frozi
• Format: Article
• Language: English
• Published: Programa de Pós-Graduação em Direito da Universidade Federal do Rio de Janeiro 2020-11-01
• Series: Teoria Jurídica Contemporânea
• Subjects: direito constitucional; direitos fundamentais; direito à alimentação; medida provisória; constitucionalidade
• Online Access: https://revistas.ufrj.br/index.php/rjur/article/view/25761

ABSTRACT: The present study intends to reflect on the effectiveness of the Human Right to Adequate Food in the Brazilian Democratic Rule of Law and in the light of the theory of justice, this last one understood as the development of the human capacities. The study aims to analyze the constitutionality of the Brazilian Provisional Measure no. 870, published on January 1, 2019, which revoked the provisions of Law n. 11346/06 on the attributions and composition of the Brazilian Council for Food and Nutrition Security (CONSEA), a governamental body of dialogue and social participation, which is one of the pillars of the Brazilian Food and Nutrition Security (SISAN). The research develops the qualitative approach from the critical literature review. We claim that the administrative reorganization of the new government by a provisional measure is legitimate, but the extinction of the body would imply in the infeasibility of the National System of Food and Nutritional Security by not transferring to another entity its competences, violating the organizational dimension of Fundamental Rights. In the scenario of strong inequalities, in an environment of low social participation, the threats could deconstruct the idea of Justice from the logic of social welfare, affecting the implementation of the Human Right to Adequate Food.