The meaning of judicial activism in the implementation of social rights not served by public power

• Main Authors: Deborah Aline Antonucci Moretti, Yvete Flavio da Costa
• Format: Article
• Language: Spanish
• Published: Faculdade de Direito de Vitória 2016-02-01
• Series: Revista de Direitos e Garantias Fundamentais
• Subjects: Direitos Sociais. Ativismo Judicial. Políticas Públicas.
• Online Access: http://sisbib.fdv.br/index.php/direitosegarantias/article/view/750

Social rights are programmatic standards fixed on Article 6 of the 1988 Federal Constitution Because of this feature, they require state action aimed to achieve them. It means that in order to those rules take effect, the government should allocate specific resources and provide public policts. These policts require high public spending, and state planning accordingly. As a result, often the state evades this obligation using to justify the reservation of theory as possible, and fails to meet the basic needs of the population. In this context, arises the importance of the judiciary. That power, when examining claims that there was not the realization of basic social rights for lack of corresponding public policy, pass sentences condemning the state to conduct a social right in this case casuistically supplying the actions of the executive and legislative branches, the “ true “responsible for this duty. This extraordinary work of the judiciary is called “judicial activism,” and, in the current context of the welfare state, reveals fundamental importance in delivering social rights neglected by the Government. Took place then, a study on the importance of the assumption of such a prolific role by the judiciary, in the current social context, in which some social rights end up being mitigated in the social reality, in the absence of public policy sufficient to provide them. In order to enable the deepening of the subject, it was used the deductive logical methods and inductive logic, since the research was based on deductive investigation of doctrine and jurisprudence on the subject, using, primarily, the bibliographic material.