Judicialização dos direitos sociais.

Abstract

The fundamental rights have to be enforced in order to ensure the society the true Social Democratic State, through the faithful implementation of standards in the Constitution. This research targets the study about the judicial review of policies regarding social rights, relevant and of great importance theme in the current legal system of the so-called modern social democracies, through examination of case studies that has generated big debates. The objective is to promote a qualified debate about the promoting of public policies, the separation of powers and the performance of judicial intervention in the other state powers. For this, it was used the literature, laws and court decisions related to the subject by the methods used: historical evolution, exegetical and legal and deductive, systematizing the research in four chapters. Initially, it was made a study about the emergence of fundamental rights and the importance of its statements to modern constitutionalism. Subsequently, it was proved to be an approach to social rights, because they are the main causes of the debates and their justiciability under the principle of reserve for contingencies and the separation of powers. The third chapter deals with the right to health and access to justice in order that this social law opened the question under discussion for its effectiveness spends high costs. Finally, it addressed the right to health in the courts in an attempt to demonstrate, through case law, how and why this right is gerand many discussions in the legal world. As a result, it's affirmative the purposed theme because this has contributed to the protection of the right to life, health and many other fundamental rights.