A Advocacia Pública Federal e a judicialização das políticas públicas
In recent years, especially in the post-Federal Constitution period of 1988, on the basis of the realization of fundamental rights and in the cases of omissions of the executive and legislative powers, the national legal and political setting has witnessed a broadening the judicial control of pub...
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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/123456789/27445 |
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| Resumo: | In recent years, especially in the post-Federal Constitution period of 1988, on the basis of the
realization of fundamental rights and in the cases of omissions of the executive and legislative
powers, the national legal and political setting has witnessed a broadening the judicial control
of public policies. The work aims to investigate the role of the Federal Public Advocacy in the
political setting of justiciality of the public policies, demonstrating its importance of acting in
the phases of formulation and implementation of these. It highlights the historical background,
composition and careers of the Federal Public Advocacy, seeking to analyze the constitutional
and legal attributions of the institution and its position in the Federal Constitution of 1988 as
an essential function to justice. Based on several authors with occasionally disparate views on
the subject, it analyzes the principle of separation of powers and its relationship with the
legitimacy and limits of judicial intervention in public policies. It examines the jurisprudence
of the Federal Supreme Court on the aforementioned principle and the actions of the judiciary
in directing public policies. It evidences the cooperative model of process and the insertion of
public advocacy in this context, highlighting the administrative initiatives for the extrajudicial
settlement of disputes, as well as the institutional procedures in resolving conflicts arising from
of increasing judicialization. Finally, it proposes the creation of the Administrative Conciliation
Chamber as an alternative to the solution of conflicts involving social welfare benefits,
considering the large volume of actions in proceedings in national justice. It adopts the
deductive method, the qualitative approach and the applied and exploratory research, with the
use of bibliographic research, including the exploitation of the doctrine, legislation and judicial
decisions. |
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