The concept of existential minimum is crucial in law for safeguarding basic rights and guaranteeing a decent standard of living.
We will examine the concept of existential minimum, including its origins, significance, calculation, and its connection to principles like the reserve of the possible and the Law of Superindebtedness.
What does Minimum Existential mean?
The existential minimum refers to the essential rights that ensure basic necessities for a dignified life, including healthcare, nutrition, education, and shelter.
This idea extends beyond just basic survival to include social and cultural elements that enable people to thrive in society.
It is important to not just provide food for a struggling family, but also to make sure that their children go to school, supporting inclusivity and equal chances for all.
When did the commencement of the Existential Minimum occur?
The idea of existential minimum originated in Germany, aiming to ensure individuals a subjective entitlement to human dignity.
The concept emerged as the Social State strengthened its focus on safeguarding vulnerable individuals.
In Brazil, the principle was first debated in the legal field by the Supreme Court (STF) in ADPF 45 of 2004, with Minister Celso de Mello as the rapporteur.
The State should guarantee basic needs for human dignity, regardless of financial constraints.
What is the minimum value of Existential Minimum?
The existential minimum is not just a legal idea; it is also a specific monetary amount connected to a decent standard of living.
In 2023, President Luiz Inácio Lula da Silva increased the minimum wage from R $ 303 to R $ 600 per month with Decree No 11.567.
This sum should be allocated to cover essential costs like water and electricity, guaranteeing that vulnerable individuals can uphold basic living standards.
How is the minimum requirement for existence determined?
In Brazil, the determination of the minimum living wage became more defined with Decree no. 11.567/2023, setting the amount at R$ 600.00 monthly.
Before this ruling, the amount of the minimum living wage was R $ 303,00, but it received widespread criticism for not being enough to cover essential needs.
The new decree removed the old rule that blocked value readjustment when the minimum wage increased, allowing for future updates that better reflect the country’s economic situation.
The calculation is crucial when applying the Superinvited Law, which mandates that debt restructurings must ensure the minimum living needs of the individual and their family are preserved.
Legislation aims to safeguard consumers from severe financial vulnerability scenarios.
Existential Minimum and Possible Reserve disparities
The concepts of existential minimum and reserve of the possible, while related, have significant distinctions.
- Basic set of rights that ensures human dignity: Minimum Existential.
- State laws and financial constraints may hinder the implementation of public policies.
The Supreme Court decided that the potential reserve cannot be employed to excuse the state’s negligence in safeguarding the fundamental essentials, as demonstrated in ADPF 45/2004.
Connection between the Existential Minimum and the Superinvite Law
The Superindebtedness Act (Law No. 14,181/2021) strengthens the safeguarding of basic needs by ensuring that debts do not compromise essential resources for consumer survival.
When renegotiating a debt, it is important to ensure that the person can still support themselves and their family.
This law safeguards consumer dignity and encourages responsible financial inclusion and access to the consumer market.
Ensuring the dignity of individuals.
The existential minimum demonstrates the State’s utmost dedication to upholding human dignity.
It is more than just a legal idea; it is a crucial foundation for ensuring social fairness and safeguarding those who are most at risk.
Lawyers and legislators need to have a thorough understanding of this principle to ensure its effective implementation, which promotes the common good and upholds the rule of law in a democratic society.