Action of the judiciary in state constitutional in face of the phenomenon judicialization of public policy in Brazil

• Autor(a) principal: Orsatto, Silvio Dagoberto
• Data de Publicação: 2015
• 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/3049
• topic: Direito; Políticas Públicas; Direitos Fundamentais; Judicialização das Políticas Públicas; Poder Judiciário; Ativismo Judicial; Estado Constitucional

The article was prepared with the aim of explaining about the new role assigned to the judiciary in the effectiveness of fundamental social rights. Based on the identified phenomenon of judicialization of social relations perquire-about judicial activism. The commitment of the Constitutional State in the implementation of public policies, we seek to contextualize the legitimation of social achievements. Upon review of the history of the origin of the formation of the Brazilian colonial society from the analysis of the participation of indigenous and black in national economic construction investigating the origin of government debt to be rescued through social policies with a significant portion the present society. The inductive method was used to drive the technical category, the operational concept and literature; the treatment phase of the data was chosen Cartesian method and, given the results of the analysis, we used the inductive method in reporting the research. Finally, there was a necessary evolution for the contemporary state saving of the rule of law and democracy as incorporating substantive value to give effect to fundamental social rights. As a means of giving concrete social promises, the judiciary assumes the mission of imposing fixes the performance of the government through the phenomenon of judicialization of social relations.