ALMEIDA, K. E. L.; http://lattes.cnpq.br/3327352756946435; ALMEIDA, Karla Estéfanny de Lacerda.
Resumo:
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.