O ócio como direito fundamental

Abstract

The present article analyzes the reason for considering leisure as a fundamental right contemporaneously, in light of the sociocultural context marked by the transition from a disciplinary society to a performance society. The text examines how the imperative of performance, disguised as freedom and autonomy, results in the intensification of self-exploitation, mental illness, and the pathologization of life. In the modern scenario, the article aims, through a legal-sociological methodology with a qualitative approach based on bibliographical review: i) to analyze the crisis of the modern subject in light of the performance society; ii) to investigate leisure as a mechanism for coping with contemporary mental illness; and, iii) to advocate for the acknowledgment of leisure as a fundamental right linked to human dignity and the right to health. The article defends leisure as a space for pause, for the reconstruction of subjectivity, and, above all, for the preservation of mental health. From its subjective relevance. Based on its subjective and collective relevance, the text proposes the constitutionalization of leisure as a fundamental right, as it is an essential condition for human dignity and comprehensive health.