Direito à alimentação adequada: garantia de direito ou mera utopia constitucional?

Abstract

This paper focuses, on legal and constitutional vision, the effectuation of the Human Right to Adequate Food. The problem is discussed from the characterization of Right to Food in the list of rights and constitutional guarantees, by Constitutional Amendment No. 64 published on February 4, 2010. This Amendment modifies art. 6 of the Constitution and includes the right to adequate food as a social right, and thus assigns the duty of its obligation to the State, with co-responsibility of the whole society. The performance of this duty by the State is what motivates juridical efforts in order to evaluate the effectiveness of that right. It happens through public policy and social project which aim the accessibility to adequate food of every human being. Thus, this study is based on a contemporary view of the issue, directly analyzing the efficiency of the applicability of the right to food in society, seeking to verify whether the implementation of this law reaches the most disadvantaged ones. Regarding the objectives proposed, we opted for the deductive method to assess the reality in relation to the legal context, recurring to bibliographic and documental approaches. Through case law and statistical studies, it is possible to point the inefficiency of the right to adequate food in reality, due to the deviations that occur with the money intended for food, due to the lack of supervision of public funds implementation and due to the neglect by the State and managers of social programs.