Justicia constitucional y derechos sociales en Brasil

Authors

  • ANDRÉ RAMOS TAVARES

Keywords:

Constitutional justice in Brazil – Concretização – Social rights – Social State – The legitimacy of Constitutional justice.

Abstract

This article presents some specific rulings and some real events that turned the Judiciary in Brazil into an important instance for the enforcement of social rights. It also gives a brief description of the Brazilian model for constitutional oversight. The text also goes into the theoretical grounds of court rulings in Brazil, which aim to give efficacy not just to freedoms, but also to the social rights enshrined in the Constitution. One of its main arguments is the possibility of joint action between the Judiciary and other branches of power in enforcing social rights. It also focuses on two issues specific to Brazil. Firstly, the unenthusiastic commitment of democratic instances to social rights and significant shortcomings in the provision of basic public services; and secondly, a Constitution that solemnly proclaims various rights and establishes specific rules that the State and the Judiciary must apply in this area.

Published

2009-11-23

Issue

Section

STUDIES