CONSTITUCIONALIZAÇÃO SIMBÓLICA E O SALÁRIO MÍNIMO: A EVOLUÇÃO DO VALOR REAL DO SALÁRIO E SUA CONFORMIDADE COM OS DIREITOS SOCIAIS

Abstract

This study investigates the effectiveness of the minimum wage as an instrument of social justice in Brazil, in accordance with Article 7, Section IV, of the 1988 Federal Constitution. The objective is to analyze to what extent the minimum wage has fulfilled its constitutional purpose of ensuring a dignified life, considering Marcelo Neves’ concept of "symbolic constitutionalization." This research is justified by the social and economic relevance of the minimum wage and its impact on millions of Brazilians. The methodology adopted was bibliographic research based on doctrinal works, scientific articles, and studies from entities such as DIEESE, focusing on the evolution of the minimum wage value and its adequacy to the cost of living. The results reveal a significant discrepancy between the legally stipulated amount and the amount necessary for dignified subsistence, demonstrating that the minimum wage serves a symbolic rather than a practical function. Thus, it is concluded that the constitutional provision falls short of its social promise, reinforcing the role of the minimum wage as a form of social appeasement legislation, but with limitations in concrete implementation.