MEDEIROS, M. S.; http://lattes.cnpq.br/7886403981172369; MEDEIROS, Morgana Salviano de.
Resumo:
Since the promulgation of the Constitution on October 5th 1988, the history of
Brazilian constitutionalism coexists with the advances and setbacks in the process of
execution of the social rights through public policy. In such legal battle (and many
times political) of conflicting interests, the Judiciary Power comes up to truly enforce
such rights provided by the Constitutional text. The concrete execution of the
individual and collective rights provided by the Constitution is the central point of the
neoconstitutionalism, which they assume the cogent and self-applied nature, this
sense showed the significance of studying the theme. Therefore, the purpose of this
work is to demonstrate that the acting of the Judiciary Power is possible in the field of
public policies with no interference in the Powers of the State or in the discretion of
the administrative act. The method of approach used on the study was the
hypothetical-deductive, by studying at first fundamental concepts in order to
understand the subject and then defending the thesis that it is a citizen's right to seek
the execution of the rights guaranteed in the Constitutional text, especially when the
legitimated ones for such execution don’t fulfill their function. And for this the way
which must be used is the process, this because, due the Principle of non-obviation
of jurisdiction, whenever there is injury or threat to a right, it must interfere. So, it was
reached the conclusion that when it pleads judicially or extrajudicially the
implementation of a public policy there is not an invasion of the limits of the
assignments of the Executive Power, there is actually a claim for concrete measures
in the execution of a citizen's fundamental right. It was observed during the study that
with the process of "judicialization of public policy" begins an awakening of
consciousness of the Brazilian population. That's because the collectivity is
exhausted from waiting for solutions to its social problems, resulting then in a search
for these solutions in the field of the Judiciary