RESERVA DO POSSÍVEL E MÍNIMO EXISTENCIAL: LIMITES ORÇAMENTÁRIOS E EFETIVIDADE DOS DIREITOS SOCIAIS NO CONSTITUCIONALISMO BRASILEIRO

This article critically examines the tension between the reservation of the possible and the guarantee of the existential minimum within contemporary Brazilian constitutionalism, taking as its starting point the central role of social rights established by the 1988 Federal Constitution. It assumes that the constitutional recognition of state obligations in areas such as health, education, social assistance, and housing imposes concrete legal duties upon public authorities, overcoming the traditional view of social rights as merely programmatic norms. The study investigates to what extent budgetary constraints may legitimately justify restrictions on fundamental entitlements without violating the essential core of human dignity. The methodology combines bibliographic review, normative analysis, and examination of leading case law from the Supremo Tribunal Federal, aiming to identify criteria for reconciling separation of powers, fiscal responsibility, and the effectiveness of fundamental rights. Comparative perspectives from Germany and the European human rights system are also considered. The article concludes that the reservation of the possible cannot function as a general clause for excluding state duties and must be interpreted restrictively, subordinated to the existential minimum as an indispensable standard for ensuring social justice and substantive citizenship.