Por uma interpretação equilibrada e efetiva da judicialização de políticas públicas

Abstract

This article defends a certain degree of judicialization of public policies based on the neocons- titutionalist doctrine. It opposes legal currents on interference of the Judiciary in the Executive. The opposing ones are based on the Principle of Separation of Powers, on budgetary issues and on the need to protect the collectivity. The favorable ones, in order to guarantee fundamental rights, consider the Principle of Human Dignity from the prism of the existential minimum, justifying interferences that overcome omissions by the Public Administration. It presents discussions and judicial decisions on the subject. Finally, it makes considerations to delimit the phenomenon to a reasonable degree, enabling a more harmonious dialogue between Law, Politics, Ethics and Justice.