MACHADO, I. S.; http://lattes.cnpq.br/3398436615399858; MACHADO, Ingrid Sales.
Abstract:
It is clear in the jurisprudence homeland normative force that the Constitution of
1988 and acquired its effectiveness against social expectations. In relation to
the fundamental right to health a departure from strictly political nature
exercised by the Legislative and Executive occurred, to acquire direct and
immediate applicability by judges and constitutional courts. In this sense,
fundamental and social rights won features of subjective rights safeguarded by
judicial review. At that judicial intervention requiring the public power
determinations that seek effective implementation of public policies is called
legalization of politics. The issue as primarily versa regarding the application
and allocation of public resources, if they are the exclusive responsibility of the
legislative and executive branches, and thus, would be invasion of competence
and disrespect to the system of checks and balances established by the
Constitution before 1988 the possibility of the judiciary to determine the
application of budgetary resources at government headquarters on the
implementation effectiveness of constitutional rights and guarantees. So with
the advent of neoconstitutionalism, we sought to ensure functionality of
constitutional rights, thus admitting a reinterpretation of the Theory of
Separation of Powers that expected from the new social and political landscape
of contemporary democracy. The objective is to analyze the phenomenon of
judicialization of politics as efetivador body of fundamental rights, through a
study of the powers of the state determining what the limits of the state court
without compromising the organizational structure of a democratic state. The
methodology used was the method of historical - evolutionary procedure, the
method of approach would be the exegetical - deductive legal and technical
bibliographic and documentary research.
