LA ACTIVIDAD ADMINISTRATIVA DE FOMENTO EN EL CONTEXTO DEL COVID-19

EN DEFENSA DE LA RENTA BÁSICA UNIVERSAL

Abstract

The confrontation of the pandemic in Brazil has accentuated the atavistic problems of our Public Administration. One of them, whose examination is of special interest for the purposes of this article, is the tendency to try to solve complex problems with mere restrictive legal formulas, which translate into an increase in administrative police and sanctioning activities. The two main provisions that extend rights issued so far have been the emergency benefit for the preservation of employment and income, which will be paid in cases of proportional reduction in working hours and salary or temporary suspension of the employment contract. work, introduced by Provisional Measure No. 936/2020, and emergency aid in the amount of 600.00 reais (six hundred reais) per month, for a period of three months, to people in vulnerable situations, under the terms defined by Law No. 13,982/2020. It seems to us that the exceptional situation in which we are immersed reintroduces an idea that, although it may seem “radical” to many, has been perfected over hundreds of years by scholars from all ideological spectrums and from the most varied disciplines of the social sciences: the universal basic income, understood, in the definition of Philippe van Parijs and Yannick Vanderborght, as an income paid by a political community to all its members individually, regardless of their financial situation or work requirement. Universal basic income is not only possible, but, in the quadrants of Brazilian legislation, it constitutes a duty of the Public Administration, to which corresponds a subjective right of all Brazilians residing in the country and of foreigners who have resided for at least five years in Brazil. Denying it means hollowing out the core of our constitutional order.