Judicial activism and promoting citizenship: challenges for the implementation of social rights constitutional

• Autor(a) principal: Arruda, Gerardo Clésio Maia
• Data de Publicação: 2016
• Outros Autores: Bertolini, Adriana Rossas, Cunha, Jânio Pereira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Políticas Públicas (Online)
• Texto Completo: https://www.publicacoesacademicas.uniceub.br/RBPP/article/view/4016
• topic: Políticas públicas; Efetivação de direitos sociais

This article goal is to develop a reflection about the obstacle that interposes the realization of constitutionals concerning social rights in Brazil, therefore inhibiting the extension of citizenship status towards members of all populacional segments. The analyses are supported in socioeconomic and socio-political structural factors that corroborate to limit the instability of form under the law. This strengthening of this study was composed in three topics. The first is made an study of citizenship aspects and its evolution on industrial capitalism, the second topic, held an effort to bring to light the dynamic of Brazilian industrialization process, distinguished as a conservative modernization, where were instutionalized the founding practices of our social, cultural, political and economic unequal structure, that has erected a secular gap between economic good and symbolic dispossessed and the ones that possessed wider access to the benefits of wealth that were collectively produced; Finally, is examined the juridical activism while phenomenon capable of apply feasible meaning to the constitutional founding citizenship maker. The approach adopted focused on bibliographic research, regarding the goal that claim, simultaneously, the juridic-political, economic and sociocultural field. The connections made are settled in detailed analyse and exploratory, supported by a multifocused perspective. The article is concluded by the juridical power being extremely limited in its capacity to promote effective and wide social rights.