O Controle Judicial das Políticas Públicas

Abstract

The present research intends to analyze the judicial control of public policies by the Judiciary. It starts with the premise that public policies are traditionally embodied in state actions (discretionary), in which there would be not possible for the judiciary to intervene, under penalty of offense, including the constitutional principle of separation of powers. The fact is that the contemporary trend has revised this understanding. The proposed study has its theoretical referential in classical administrative law authors and its confrontation with neoconstitutionalism’s authors, from which it is intended, through a literature review, combined with historical procedure and comparative, analyze also the possibilities of Judiciary action ( through the control of public policies), taking advantage not only of theoretical concepts, but also looking at practical cases a view of reality in contrast to the standard and written postulates. What is observed is that, since they are state actions through which are drawn guidelines and goals to be promoted by the State, especially in the implementation of the fundamental objectives and rights established in the Constitution, the judicial control of public administration should not be restricted by simply legality control.