POSSIBLE RESERVATION: FUNDAMENTAL RIGHTS TO RESOURCE SHORTAGE

This article aims to analyze the topic of the reserve of possibility on Fundamental Rights and its confrontation against the scarcity of resources claimed by the Government. An historical introduction will be made, presenting the origin of this idea, in Europe, specifically in Germany and its emergence in Brazil, somewhat distorted from the original German message. The proposed topic find some barriers to the achievement of the most important dictates of the Federal Constitution, for some authors the pillar of the Magna Carta: Fundamental Rights. Barriers which increasingly find it difficult to resolve due to the Government's argument of scarcity of resources. Although it is a relatively new theme, its importance in Public Law is evident, as demonstrated below.