O CONTROLE JUDICIAL DAS POLÍTICAS PÚBLICAS E A IMPLEMENTAÇÃO DOS DIREITOS FUNDAMENTAIS SOCIAIS. O ENTENDIMENTO DOS TRIBUNAIS SUPERIORES

Abstract

To ensure the implementation of fundamental social rights the Judiciary Power may interpose control over public policies. In this sense, in order to make a theoretical analysis of the legitimacy of such interventions, we selected five preponderant Court positions. The Federal Supreme Court issued four of these and the another by the Superior Justice Court. All them dealt with constitutional legitimacy of control and intervention of Judiciary Power over public policies implementation. The importance of this paper is justified by the existence of controversial issues in these judgments. The intangibility of fundamental rights (and the existential minimum principle) faces the clause of reserve for contingencies, as well as the legitimacy of Judiciary Power interference over other powers. At last, there is a possible affront to the principle of constitutional separation of powers. Therefore, observing the decisions from Superior Courts, as well as the understanding of modern doctrine regarding issues here proposed we performed a theoretical documental research. Based on our analysis we concluded that the fundamental dignity of human being justifies the judicial control of public policies by Judiciary Power.