O Controle judicial de políticas públicas relacionadas aos direitos sociais no Brasil

Abstract

The present monograph intends to present a discussion about the legitimacy of judicial control of public policies in Brazil as opposed to administrative discretion. The Judiciary's action as a concretizing agent of social rights, when it is not enough or insufficient the performance of political Powers in the implementation of public policies. The difficulty of implementing fundamental social rights enshrined in the current Constitution, seeking to undo arguments used by the Government to deny the realization of these rights. The application of the reserve of the possible due to the scarcity of public resources, the administrative discretion, the separation of powers in the face of the guarantee of fundamental rights and the existential minimum. The importance of public budget planning to ensure the implementation and feasibility of entitlement rights. Finally, the finding of the legitimacy of judicial intervention.