A Tutela Estrutural e o Estado de Coisas Inconstitucional: meio adequado para a efetividade de direitos fundamentais ou ativismo judicial?
The present research aims to demonstrate, based on the failures or omissions of public policies, whether structural decision are an adequate instrument for the effectiveness of civil rights or if it’s a judicial activism, in an unconstitutional state of affairs. For that, the unconstitutional state...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/50634 |
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| Resumo: | The present research aims to demonstrate, based on the failures or omissions of public policies, whether structural decision are an adequate instrument for the effectiveness of civil rights or if it’s a judicial activism, in an unconstitutional state of affairs. For that, the unconstitutional state of affairs is intended to review the assumption of its concepts, characteristics, configuration and civil rights violations; the importance of civil rights in human life; obstacles to victims' access to justice and the relevance of facilitating their claim; the requirements that justify structural injunctions; the characteristics and main objection to these decisions. In additionally, it verifies the impact of judicial procedure and the judgment to overcome an unconstitutional state of affairs and, therefore, if this decision can effect civil rights in the light of concrete cases. Based on a comparative method, a bibliographical review and a hypothetical-deductive analysis of the problems raised, it is concluded that the decision in a unconstitutional state of affairs can effect civil rights and allow the overcoming of this situation through efficient structural remedies compatible with the social reality, because the possibility of civil society participation and supervision. For this reason, there is the viability of these judgments by the courts in an unconstitutional state of affairs towards to overcome the negative picture and assure the effectiveness of civil rights and the correct functioning of public policies. |
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