A judicialização das relações sociais no ordenamento jurídico brasileiro como garantia da efetivação da ordem social.

Abstract

The theme to be developed in the present monograph has as mark to demonstrate starting from a critical point of view the relevance partner juridical of the phenomenon of Judicializacion of the social relationships in Brazil as warranty of the effectiveness of the social order, evidencing the posture of a Power Judiciary interventionist in the man's relationships in the social way in that he/she lives as attempt of materialization of the democratic longings, if showing such a capable organ to organize all of the social relationships in a more efficient way. That process of Judicializacion raises of the first Brazilian Constitutions, that they brought expressly in her text the important beginning of the inafastabilidade of the jurisdiction, to the list that the law won't exclude of the Power Judiciary lesion or he threatens of a right. It is well-known that phenomenon has old marks in the Brazilian society, being shown as an initiate event with the Social State, in the incessant search of providing the good to be of the society and incited mainly by the current Federal Constitution of 1988, before the expansible effect of the constitutional jurisdiction, in the molds of Neoconstitucionalismo, that it demarcated the purposes of the State in the materialization of the extensive list of the social rights, elencados in the Charter as fundamental rights, moving away of them the traces of the inertia, of the impotence and of the impossible promises. Ever since, the State passed the regular practically all of the social relationships, being consequently, the Power Judiciary call to intervene at every moment to guarantee the objectives and values expressed in the constitutional text. In that conjuncture, the term Judicializacion in her wide sense, means that certain subjects of great repercussion political or social are being resolved for organs of the Judiciary Power, and not for the classic political organs, being these the National Congress and the Executive Power. Like this, leaving of an argued theory and based, he/she tried to understand Judicializacion of the social relationships while element put upon to the process of the redemocratização of the country, when the Judiciary Power began to use an enlargement politics to the access to the justice to affirm his/her legitimate institutional aspect as control organ and resolution of the social conflicts, as well as the ascension of that power as a consequence of the transformations in the current social sphere, being the right positivado in the Constitution a synthesis of the social relationships in the current Democratic State of Right. In the present work it will be used as research technique the bibliographical, being also used the historical method. The approach method will be the deductive, leaving of general formulations so that she can center in the central theme to be approached.