Poder judiciário e políticas públicas sociais: um discurso democrático das decisões do STF e STJ.

Abstract

The Judiciary Power and its performance ahead to the Implementation of the Social Public Politics are subject of extreme importance in the legal world, have seen that it contributes for a speech each more democratic time of the sentences. The monographic work is divided in three chapters. Initially, one is about the principles that conduct the civil action, mentioning the duties of the described magistrate in the LOMAN, Complementary Law n° 35/1986, in art. 35, as well as citing the Principles of Judicial Behavior of Bangalore, after that are made a refined study on the judicial ativismo as principle to conduct the civil action, over all in the demands of the social basic rights, in continuity analyzes it judicial function of control of public politics, making a concept of what they are public politics., Later boarded it relation between social rights and public politics, bringing to baila the importance of the basic rights in the contingency of the study, after that is esmiucado the concept of social rights and the effectiveness of these in the context of the social and legal exclusion, culminating with defense of the justiciabilidade of the social rights having as consequence the promotion of public politics for the Judiciary Power, that as will be demonstrated has legitimacy to determine the applicability and effectiveness of the social basic rights, despite this means "to order" to make other powers ahead, this rank, ventilates i f the necessity of dealing with the particular binomial and Public Farm when in judgment. Finally, some recent sentences of the STF and the STJ are approached to certify that the current legal speech of these decisions admits the justiciabilidade of the social rights and the judicial ativismo to confer current democratic character of the sentences admits the judicial ativismo and the justiciabilidade of the social rights to promote the effectiveness of the basic rights, foreseen in art. 6° of the Federal Constitution, focusing, in this point, the trend of a constitutional civil action.