A justiciabilidade dos direitos econômicos, sociais e culturais no estado brasileiro.

Abstract

This work aims to expose the analysis on the implementation of social rights, economic, cultural and democratic state of law in Brazil, from the definition of human rights and taking into account the values and principles established in existing constitutional text. For this, use is the dialectical method and the management of the elements of the research literature, with the aim of carrying and categorize the object of study relevant to interpretation. Identifies is, a priori, the fragility of the search for the Judiciary, on the part of many citizens away from the refuge of public policy, when referring to demands involving the protection of social rights, economic and cultural (DESC's), a since it is a timid justice in relation to such rights. Most people know they have rights and guarantees, and thus the lack of information on human rights is a factor that contributes to that public policies are not recognized as a means of fulfillment of obligations and realization of rights which may be required in sphere of the Judiciary, in particular. So, good temperance in favor of the constitutional principles of human dignity promotes the thinking around, mainly, of justice, that is, the form of provocation of the Judiciary to meet the demands and requirements concerning fundamental rights related to them, before obligations delegated to other functions of the state. It is inappropriate that omissions before fundamental rights, of which depart from the applicability and the respect of the DESC's, are indeed turned. The scientific community should speak as well as actions by the public and the prosecutor must occur to provocation to the Judiciary in order to ensure that no violation of basic rights and the observance of the principle of human dignity.