The aim of this work was to update the memory of social rights in Brazil, based on a comparative analysis between the mechanisms of the Brazilian constitutions of 1934 and 1988. The motivation for choosing the topic is linked to the importance of recalling the historical path of social rights in order to avoid forgetting the social contexts in which they have been formally acquired. In Section 1, there was a brief introduction indicating the choice of the analytical method in which the subject of memory would be faced on the basis of the theory of Nora’s places of memory (1993 [1984]) and Sá’s historical memory (2007). Section 2 presented the notion of historical memory and briefly outlined the historical path of social rights, demonstrating that this was entirely marked by important social and political struggles by the working classes and their allies. Section 3, which focuses on the aforementioned theoretical bases, argued that the constitution is rather a remembrance of social rights, since in the interpretative practice of their devices, they are updated and their pathways are remembered. In section 4, a comparison was made between the constitutional legal disciplines on social rights established in 1934 and 1988, which sought to redeem the discursive memory of the interpretation of the rules establishing these rights. Finally, the conclusion was reached that the social rights provided for in the Constitution are immediately enforceable in the light of Article 5 (1) of the 1988 Constitution, which allowed immediate applicability to constitutional provisions guaranteeing fundamental rights; that social rights have continued to be denied to the large part of the population since 1934, when they were constitutionally guaranteed for the first time, and that the repeated negative effectiveness of these rights is due, on the one hand, to government policies, whose concern is greater for tax efficiency than for the basic needs and dignity of socially and economically vulnerable people; and on the other hand, the success of the private initiative that captures social rights into goods, including the right to education, health and safety.