Ativismo judicial e materialização das políticas públicas infanto-juvenis na constituição da república: Fixação de planos ideais de atuação para os atores do Sistema de Garantia de Direitos (SGD)
The research arose from the necessity of showing ways to be followed by the actors of the System Guaranteeing Rights of the Child and Adolescent (SGD), regarding the implementation of rights for young people, because the legislation in force in Brazil is currently considered a model around the wo...
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| Formato: | Dissertação |
| Idioma: | por |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/13920 |
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| Resumo: | The research arose from the necessity of showing ways to be followed by the actors of the
System Guaranteeing Rights of the Child and Adolescent (SGD), regarding the
implementation of rights for young people, because the legislation in force in Brazil is
currently considered a model around the world and, paradoxically, the fundamental rights of
children and adolescents are not met, even with the constitutionally guaranteed priority. Thus,
the study investigates the fundamentality rights for young people, enshrined in the
Constitution of the Republic, as well as the ways of effectiveness of these rights through the
actions of actors of the System Guaranteeing Rights, especially the judiciary. Focusing
realized, studying theories of fundamental rights, especially Structuring a Theory of Law
(Strukturiende Rechtslehre), Friedrich Müller, who emphasizes the need for analysis of social
reality in the application of the rule of law. Study also the public budget and public policies
concerning children and adolescents, with emphasis on preparation of budget laws and the
process of discussion, deliberation, choice and implementation of public policies for children
and teenagers. It then presents the typical functions of the members of System Guaranteeing
Rights, as well as prepare a plan for optimum performance for each of the actors, with
emphasis on analysis of the implementation of public policies at the municipal level. Finally,
it analyzes the theory of separation of three powers, and discusses the positive and negative
factors for judicial intervention, concluding that the Courts can consider the action activist,
from finding the omission of the Executive and legislative branches, as regards the
implementation of the rights of children and adolescents, as well as the rights of children and
young people are not realized in most cases, due to the omission of actors of the System
Guaranteeing Rights |
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