FERNANDES, P. G. B.; http://lattes.cnpq.br/9393220119548723; FERNANDES, Petúcia Geanne Bezerra.
Resumo:
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.
