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Although we can find the recognition of the right to a minimum level of subsistence in some international declarations, this is not usually the case of national constitutions. In this article I attempt to define this right, itsthe concept, foundation and the sources of International, European and American Law), because several forums have claimed that it is merely a fundamental social right to guarantee civil and political rights. I also analyze the so-called right to a basic income, as a mechanism to enforce the right to a minimum level of subsistence, as well as its justification and the possibilities of its implementation.