O transporte como direito fundamental social: multifuncionalidade, conteúdo jurídico e titularidade

Abstract

Transportation was established as a fundamental social right in Brazil through Constitutional Amendment No. 90/2015, explicitly included in Article 6 of the Constitution of the Federative Republic of Brazil. This article examines the legal ramifications of this constitutional change, focusing on the duties of action and abstention imposed on the State. It explores the multifaceted functions of the right to transportation, encompassing its roles as a defensive right and as a right to material and normative provisions. Additionally, the article analyzes the issue of entitlement, concluding that this fundamental right has both individual and transindividual dimensions, depending on the nature of the legal claim.