ANÁLISE DO PERCENTUAL ESTABELECIDO PELO DECRETO PRESIDENCIAL Nº 11.567/2023 E SUA COMPATIBILIDADE COM O PRINCÍPIO DA DIGNIDADE DA PESSOA HUMANA

Abstract

This work aims to analyze whether the percentage set by Presidential Decree No. 11,567/2023 to guarantee the existential minimum is compatible with the principle of human dignity, established by the Federal Constitution of 1988. The concept of existential minimum is linked to the guarantee of basic living conditions, such as food, health, education, and housing, are essential for the preservation of human dignity. The research begins with the principle of human dignity and the existential minimum, comparing them to the percentage set in Presidential Decree No. 11,567/2023 and analyzing the impacts of this percentage on the most vulnerable population, checking whether the set value is satisfactory for meet basic subsistence needs. The conclusion shows that the adequacy of the percentage is relativized based on the costs of living in different regions of the country and updating this value to follow existing economic variations. Therefore, although the decree seeks to guarantee the existential minimum, its effectiveness is limited in protecting the dignity of the human person, which will only be full if the value is compatible with the social and economic reality faced by the large part of the Brazilian population.