SILVA, E. P.; http://lattes.cnpq.br/4143818212585527; SILVA, Eduardo Pordeus.
Resumo:
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.
