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

Abstract

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.