A PROPOSTA DE EMENDA À CONSTITUIÇÃO Nº 29/2003 E A ANÁLISE SOBRE A CRIAÇÃO DE UMA LEI DE RESPONSABILIDADE SOCIAL PARA O ESTADO BRASILEIRO

Abstract

This study examines the concept of State social responsibility in the Brazilian context, focusing on the implementation of social rights through public policy and the urgent need for a dedicated legal framework — a Social Responsibility Law. The research is grounded in the notion that the State, particularly within the Welfare State tradition, plays a vital role in promoting collective well-being by ensuring access to essential rights such as healthcare, education, housing, and social assistance. However, this role has been increasingly constrained by the dominance of a neoliberal fiscal paradigm, which prioritizes budgetary discipline and fiscal balance, often at the expense of long-term social investment. Employing an exploratory and qualitative methodology, the study is structured around three key dimensions: (a) a theoretical analysis of the Welfare State model, its decline, and the influence of austerity-driven fiscal governance; (b) a systematic review of legislative initiatives introduced in the Brazilian National Congress aimed at institutionalizing State social responsibility, with particular emphasis on Constitutional Amendment Proposal (PEC) No. 29/2003; and (c) a critical discussion on the legal, political, and normative implications of establishing a binding framework that commits the State to measurable social development goals. The findings indicate that, particularly in the aftermath of the COVID-19 pandemic, legislative proposals on the subject have evolved toward a broader and more comprehensive understanding of the State’s role in advancing social justice. The study concludes that enacting a Social Responsibility Law could serve as a crucial normative instrument to strengthen transparency, social accountability, and coherence in public policy, acting as a counterbalance to the rigidity of current fiscal rules and enhancing the effective realization of constitutional social rights.