O controle judicial de políticas públicas no Brasil

Abstract

The history of constitucionalism provides maturity to the existence of a new mission to the contemporary constitutions, under which the society is suposed to be affected, on the lives of the people, by the force of the fundamental rights – the so called “living constitution”. The theory of the separation of the public powers concerns a different perspective in some societies that still expecting social developement, like in Brasil, where many historical and cultural peculiarities implies a different view of such a theory, meaning a reasonable way to assure the normative strenght of the material constitution. To clearly assure efectivity of public policies on a general point of view it is necessary to adopt a more incisive policy on the judiciary control. On this context, there are two differents levels of judiciary control: one of them, the judiciary control activities take place when there are no policies adopted by the administration to satisfy public needs of the comunit; the other, when a policy is improperly adopted by the administration, impling on a lack of public needs satisfactions or, on the same time, on the bad use of public founds. In both cases the mission of the judiciary control appears as an indispensable activity to assure the effectivity of the fundamental rights included on the material constitution.