The THE CHALLENGES AND PERSPECTIVES OF THE BRAZILIAN SUPREME COURT IN THE CONTROL OF SOCIAL POLITICS:
THE SEARCH FOR SOCIAL RIGHTS IN THE JUDICIARY
Keywords:
Direitos sociais. Judicialização. Efetividade. Supremacia judicial.Abstract
This research seeks to analyze the obstacles to the realization of social rights in Brazil and its recurrent judicialization. From this context, we sought to analyze how the Brazilian Supreme Court has based its judgments on the subject, to verify whether it consists of a legitimate or activist stance. Through bibliographic research, legal works and documentary research were analyzed, a contribution was made to constitutional legislation and in some judgments of the Supreme Court, in order to ascertain the circumstances of the contemporary political-legal experience that culminated in judicial supremacy. It was concluded that the desired response should be obtained in a contextualized way, through an analysis of the paradigmatic transition of legal theory.
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