DA DESJUDICIALIZAÇÃO DAS POLÍTICAS PÚBLICAS: AS POSSÍVEIS DIFERENÇAS ENTRE AS POLÍTICAS PREFERIDAS E PREFERENCIAIS E O PAPEL DO PODER EXECUTIVO
DOI:
https://doi.org/10.17058/rdunisc.vi70.17821Abstract
The object of discussion of this article is centered on the analysis of the de-judicialization of public policy from the relationship that the intervention of the Judiciary to the concretion of public policies causes to the other Powers and to the homeland law, especially regarding the effectiveness of fundamental rights. Initially, the perspective of the separation of powers and possible conflict of rules between public entities is presented. Being established, still, the due differentiation between access to justice and judicialization of public policies, which leads to understand the ADPF No. 45 and its relevance to the debate on Public Policy in Brazil, including tracing the parallel of the judicialization of public policies with the so-called judicial activism, highlighting its vicissitudes to the Democratic State of Law. Finally, it highlights the preferred and preferential public policies, in order to contest the effectiveness of the excessive intervention of the Judicial Power to the Executive and Legislative Power.