Políticas públicas sociais no Brasil: estudos sobre o papel do Judiciário na promoção de direitos de cidadania

Abstract

In Latin America, the democratic consolidation process becomes complex by the inequality scenario that presents itself in these societies. Often, the state does not effectively fulfills its role in the way the guarantee of basic rights, such as economic and social rights, causing an incomplete joy situation of citizen condition. From this perspective, increasingly relevant one perceives the role of the judiciary as an arena for discussion and recognition of citizenship rights, especially as atine the Brazilian case. In this sense it deems relevant, discuss how to study the role of the judiciary in the process of social policies. What are the priority issues in the Judiciary's agenda on such policies? What are the stakeholders? What is the argument used by the courts for the effective and gradual promotion of citizenship rights? Faced with this panorama, this paper proposes a discussion, mainly aimed at graduate students in law, on the need for interdisciplinary studies and methodological strategies that deal with the extent of judicial action in Brazil in relation to the whole process of public policies aimed at ensuring social rights. In this context, from an interdisciplinary approach, we start from a theoretical discussion of the citizens to address aspects of the centrality of studies on class actions, class actions and injunctions as mechanisms available in Brazil for recognition. This article aims to point out the need for studies aimed not only to the issues discussed, as well as to the type of actor who uses the measures, which the legal arguments discussed in court, and the time for consideration and the answer given by Power Legal demands of citizenship proposals.