A efetivação dos direitos fundamentais sociais via mandado de injunção.

Abstract

This scientific work aims to demonstrate, in a brief and understandable, based on the basic fundamentals of the democratic paradigm, such as writs of injunction, after years of vilification and blatant inefficiency, had finally recognized its importance by the Supreme Court, a body that almost twenty years ago, the institute had annihilated by an interpretation that, based on an alleged defense of the principle of Separation of Powers, eventually removing her usefulness as a constitutional guarantee. It is intended also to demonstrate that the writ of injunction, described in the list of fundamental rights and constitutional guarantees, is the proper and effective legal instrument for the solution, in this case, the impossibility of the exercise of social rights, all of the Constitution of Republic 1988, caused by the absence of a regulatory provision. Elucidating the controversy, still unresolved in the Brazilian Law, about the possibilities of judicial intervention to ensure the enjoyment of material benefits arising from social rights, and finally, the still insufficient dogmatic construction of the possibilities and limits of the writ of injunction as a tool for realization of social rights. Without forgetting to point out the causes that led to the neglect of fundamental social rights, which were of historical - political.