O controle de políticas públicas nas decisões proferidas pelo Supremo Tribunal Federal

Abstract

In the last couple of years the contemporary judicial system in Brazil has faced a complex necessity to deal with matters not only judicially but politically as well, due to the non-compliance or the inadequate compliance of public policies that guarantee the effectiveness of fundamental rights by the administrative or legislative power. This reality has been the object of a complex analysis and several discussions in the judicial field lately. The implementation of public policies is directly connected to the fulfillment of the fundamental rights, constitutionally ensured, knowing that the exercise of such rights by the citizen are premised by state actions made available to the population to full exercise of its rights. Based on the new constitutional hermeneutics, this work has the objective of arguing about on to what extent such knowledge contributes on promoting the recognition of the normative strength of the Constitution in the control of public policies that implement at the fundamental social rights, regarding the Supreme Federal Court decisions. The public constitutional policies should be examined by the Judiciary concerning the suitability of its means to its purpose: Inadequate or neglected, the public policies should be realigned and corrected by legal appeals. Based upon a joint analysis of the constitutional dispositions, the understanding of the legal scholars and the position of legal authorities, this research will show a bibliographical revision of the main legal scholars who developed their studies focused on the topic - Judicial Norms practicing the control of public policies of the Executive and Legislative power by the means of the decisions while in control of the constitutionality. In this perspective, when understanding the important political function of the Constitution in its material aspect, as a crucial tool to the protection of the fundamental social rights, it is evident the need of the Supreme Federal Court actions in the control of public policies to implement fundamental social rights upon a control of constitutionality, as a result of the normative force of the 1988 constitution.