O direito à moradia sob a perspectiva dos direitos sociais: os reflexos da inefetividade das políticas públicas habitacionais na atuação do poder judiciário
This dissertation intends to analyze the performance of the Judiciary in the implementation of public habitation policies, as an effective mechanism and also check them. It will be based on the process of judicialization of public policies as a reflection of this ineffectiveness, evaluating the l...
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Formato: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Brasil
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Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/26693 |
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Resumo: | This dissertation intends to analyze the performance of the Judiciary in the implementation
of public habitation policies, as an effective mechanism and also check them. It will be
based on the process of judicialization of public policies as a reflection of this
ineffectiveness, evaluating the legal order of the country with a focus on the Constitutional
Law on Habitation, which must be protected by the State. Therefore, it will work on the idea
of the Right to Habitation built as a Social Law and will start from the problem of the
effectiveness of Social Rights, which consequently leads to the inoperability on public
habitation policies. And the Judiciary contribution to remedy state omissions and failures in
the face of the realization of Social Rights and the Right to Habitation. From the
problematic of the effectiveness of public habitation policies and consequently the Right to
Habitation, by constructing the conception of justice based on the material equality of John
Rawls, will be raised the hypothesis of action of the Judiciary Power and the reflexes of this
activity in the concretization of the policies, in view of the growing process of
judicialization. |
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