Abstract
The great social, political and economic changes that make up the current situation of the current Brazilian historical period show the rupture with the democratic order established since the Federal Constitution of 1988. In this sense, the characteristics developed in this essay allow to indicate the possible rupture of the Democratic State model, opening up for the advancement of the Post-Democratic State. In this scenario, the present work presents Constitutional Amendment nº 95/2016 as the necessary legal legitimation for the establishment of the Post-Democratic order in Brazil, having set new paradigms for budget management and fiscal policy, especially with repercussions in the field of social rights and public policies, notably in their essential nucleus, which are rights to education and health. From this statement, considerations were made in the search to answer the problematic proposal: what are the main characteristics that allow us to affirm that Constitutional Amendment No. 95/2016 constituted a kind of “legal legitimation” to the advancement of the Post-Democratic State in Brazil? The result previously found is that Constitutional Amendment nº 95/2016 is configured as the legal legitimation for the advancement of the Post-Democratic State, preventing the increase in the field of public policies and the consequent promotion of social control, essential factors for the construction of an emancipatory policy for the exercise of citizenship, designed by the Federal Constitution of 1988. The method of approach is deductive, an analytical procedure, using the technique of direct documentation through bibliographic research.
Keywords:
Post-Democratic State; Constitutional Amendment No; 95/2016; Social rights; Post-Democracy