Os limites de atuação do poder judiciário no controle das políticas públicas

Abstract

From a historical evolution of the fundamental rights, the text deals about the effectiveness of the norms of fundamental rights in the Brazilian Constitution of 1988, mainly of the social rights. It analyzes how the cost of rights and the principle of separation of powers reflect on the judicial control of public policies. It examines the boundaries of Judiciary Power performance on public policies control. It concludes that these boundaries are discretion and possibilities of means; consistency reserve; “reserve of possible” clause; and german theoretical arguments which emphasize the importance of the principle of human dignity. Otherwise, these arguments verify that proportionality method of balancing is an important method to solve constitutional rights collisions.