The Brazilian Constitution promulgated in 1988 charted a state welfare project aimed at eradicating inequalities based, above all, on the strengthening of the social order and the protection of economic and social rights. It was our first constitutional text to take social economic rights seriously, granting them immediate applicability. However, in social and economic rights above all, there is a bitter taste that echoes the question: why 30 years after we are so distant? In this matter, the 1988 constitution, predicting social rights and guarantees, not only failed to take off but also was under heavy attack with the justification that such constitutional provisions did not have a sustainable financing system. The present paper is an attempt to outline some of the juridical reasons, in our reading of the Constitution, that corroborates with this scenario.