Poder judiciário e controle de políticas públicas de efetivação de direitos humanos

Abstract

This study aims to address the possibility of the Judiciary intervention on public policies developed by the State, through the executive and legislative branches, as a control mechanism and realization of human rights. Exposes the argument between lawyers who argue the impossibility of judicial review, for violating, in theory, the principle of Separation of Powers and the intangibility of the merits of discretionary administrative act, and consider how to be interpreted so-called reserve for contingencies when it comes to the implementation of public policies related to human rights. Shows that the model of a democratic and social state of law enshrined in the Federal Constitution of 1988, all forms of expression of state power are linked to the idea of maximum effectiveness of human rights, so that the judiciary should not be the takedown, inert in cases of omission of the other branches in its implementation.