The role of the neoliberal state in the de-universalization of social rights

Abstract

https://doi.org/10.1590/2179-8966/2024/88982

The article, which is part of the field of law and political economy, examines the corrosion of
the social rights provided for in the Brazilian Constitution of 1988. Our analysis indicates that
neoliberalism in Brazil, contrary to the perception of a state in retreat, involves an active
restructuring of the role of the state and the law, resulting in the de-universalization of social
rights. This change occurs through mechanisms such as the Desvinculação das Receitas da
União (DRU), which reallocates resources originally intended for social programs to other
priorities, and through the introduction of policies that favor the financialization of social
services. We argue that instead of dismantling the state, there is a qualitative transformation
of social policies, which are now supporting financial capital. The financialization of social
policies and the privatization of public services illustrate a repositioning of the state, which
now facilitates access to credit and debt, instead of directly providing social services.

Keywords: Neoliberalism, Financialization; Social policies; Social rights.