Controle judicial das políticas públicas.

Abstract

The rights essential to be effective in a way that guarantees the community a genuine Social Democratic State, through the faithful implementation of duties imposed and the exercise of constitutionally established. This monograph is targeting a study on the subject of judicial control of public policies from the perspective of neoconstitucionalismo, and through examination of decisions of great importance. As for the objectives of the research, is investigating the phenomenon of neoconstitucionalismo, the character of public policy, the separation of powers and the intervention of the judiciary in the performance of the state. For both, is used to search bibliographic collected in national and foreign doctrine, as well as scientific articles and decisions relevant to the topic, the methods were a history-changing environment, the legal and exegetic-deductive, the systematic study of three chapters. From start to refer the origin and evolution of modem Constitutionalism and the character of the democratic rule of law. Then, you receive specific approach on the issue public policies and their development in the legal vernacular. And finally, is addressed to defend the legitimacy of judicial control policies, based on the theory of existential and at least tried to great effect, to the realization of social, economic and cultural. As a result of this work there is a growing acceptance of the defense of judicial intervention at public policies, proving that the ideas brought by neoconstitucionalismo are the current welfare state and which has been sought by effectively protecting the right to life, health and to education.