Year: 2020
Type: article
Abstract: This article aims to analyzes the judicialization of public policies considering judicial control in cases that deal with fundamental rights. It is observed the access to fundamental and social rights by the interventions of the Judiciary in the Executive and Legislative and the conflicts resulting from this activism. For this, the theory of the least possible is verified, opposed to the reservation of the financially possible, and its judicial support for the satisfaction of the constitutional rights. By the analysis of judicial decisions concerning to education and health, it is sought to verify the promotion of equity and social justice, such as respect for the separation of powers, so that the Brazilian citizen's constitution is respected. As a methodological option, the bibliographic research and case analysis are adopted, observed by the interpretation deductive method.
Institutions: Universidade Federal de Goiás, Universidade Estadual de Goiás
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W2999416513