scholarly journals THE BRAZILIAN JUDICIARY AS AN ORGAN OF POLITICAL CONTROL

2018 ◽  
Vol 2 (2) ◽  
pp. 15-32
Author(s):  
Ada Pellegrini Grinover ◽  
Grasielly Spínola
Keyword(s):  
Separation Of Powers ◽  
Public Policies ◽  
Class Action ◽  
Fundamental Rights ◽  
Great Effort ◽  
The Public ◽  
Autistic People ◽  
Individual Actions ◽  
Jurisdictional Control ◽  
The Individual

The fruition of fundamental rights like healthcare, education, worthy housing and work is directly related to the creation and implantation of universal and egalitarian public policies by the Congress and the Public Administration. In the cases where the existing public policies are shown to be insufficient, inadequate or do not achieve the fundamental goals of the Federative Republic of Brazil, it arises the need of the action of the jurisdictional function to control the constitutionality over these public policies. In Brazil, this control is made both by direct way, by means of its own constitutional actions, and by diffuse way, by means of collective actions interposed in first instances courts. In this context, the enforcement of the liberal theories like Montesquieu’s Separation of Powers and the Intangibility of the Discretionary Activities reveal themselves incoherent with the Democratic Rule-of-the-Law State. In another way, the jurisdictional action is limited by the Reasonableness, by the Possible Reserve and by the Existential Minimum, and can also find some obstacles in the individual actions that end up influencing the public policies. Therefore, there is a great effort to colectivizing individual actions by Brazilian schoolars. Another problem is the difficulty of Judical Power in using the adequate procedural class action. It will be analyzed one specific decisions made by the Court of Justice of the State of São Paulo about the jurisdictional control of public policies related to the autistic people, with a goal to point out a direction to the improvement of the jurisdictional tutelage in terms of effectiveness and adequacy.

scholarly journals THE BRAZILIAN JUDICIARY AS AN ORGAN OF POLITICAL CONTROL

2014 ◽  
Vol 2 (2) ◽  
pp. 15-32
Author(s):  
Ada Pellegrini Grinover ◽  
Grasielly Spínola
Keyword(s):  
Separation Of Powers ◽  
Public Policies ◽  
Class Action ◽  
Fundamental Rights ◽  
Great Effort ◽  
The Public ◽  
Autistic People ◽  
Individual Actions ◽  
Jurisdictional Control ◽  
The Individual

The fruition of fundamental rights like healthcare, education, worthy housing and work is directly related to the creation and implantation of universal and egalitarian public policies by the Congress and the Public Administration. In the cases where the existing public policies are shown to be insufficient, inadequate or do not achieve the fundamental goals of the Federative Republic of Brazil, it arises the need of the action of the jurisdictional function to control the constitutionality over these public policies. In Brazil, this control is made both by direct way, by means of its own constitutional actions, and by diffuse way, by means of collective actions interposed in first instances courts. In this context, the enforcement of the liberal theories like Montesquieu’s Separation of Powers and the Intangibility of the Discretionary Activities reveal themselves incoherent with the Democratic Rule-of-the-Law State. In another way, the jurisdictional action is limited by the Reasonableness, by the Possible Reserve and by the Existential Minimum, and can also find some obstacles in the individual actions that end up influencing the public policies. Therefore, there is a great effort to colectivizing individual actions by Brazilian schoolars. Another problem is the difficulty of Judical Power in using the adequate procedural class action. It will be analyzed one specific decisions made by the Court of Justice of the State of São Paulo about the jurisdictional control of public policies related to the autistic people, with a goal to point out a direction to the improvement of the jurisdictional tutelage in terms of effectiveness and adequacy.

scholarly journals THE BRAZILIAN JUDICIARY AS AN ORGAN OF POLITICAL CONTROL

2018 ◽  
Vol 2 (2) ◽  
pp. 15-32
Author(s):  
Ada Pellegrini Grinover ◽  
Grasielly Spínola
Keyword(s):  
Separation Of Powers ◽  
Public Policies ◽  
Class Action ◽  
Fundamental Rights ◽  
Great Effort ◽  
The Public ◽  
Autistic People ◽  
Individual Actions ◽  
Jurisdictional Control ◽  
The Individual

The fruition of fundamental rights like healthcare, education, worthy housing and work is directly related to the creation and implantation of universal and egalitarian public policies by the Congress and the Public Administration. In the cases where the existing public policies are shown to be insufficient, inadequate or do not achieve the fundamental goals of the Federative Republic of Brazil, it arises the need of the action of the jurisdictional function to control the constitutionality over these public policies. In Brazil, this control is made both by direct way, by means of its own constitutional actions, and by diffuse way, by means of collective actions interposed in first instances courts. In this context, the enforcement of the liberal theories like Montesquieu’s Separation of Powers and the Intangibility of the Discretionary Activities reveal themselves incoherent with the Democratic Rule-of-the-Law State. In another way, the jurisdictional action is limited by the Reasonableness, by the Possible Reserve and by the Existential Minimum, and can also find some obstacles in the individual actions that end up influencing the public policies. Therefore, there is a great effort to colectivizing individual actions by Brazilian schoolars. Another problem is the difficulty of Judical Power in using the adequate procedural class action. It will be analyzed one specific decisions made by the Court of Justice of the State of São Paulo about the jurisdictional control of public policies related to the autistic people, with a goal to point out a direction to the improvement of the jurisdictional tutelage in terms of effectiveness and adequacy.

scholarly journals THE BRAZILIAN JUDICIARY AS AN ORGAN OF POLITICAL CONTROL

2018 ◽  
Vol 2 (2) ◽  
pp. 15-32
Author(s):  
Ada Pellegrini Grinover ◽  
Grasielly Spínola
Keyword(s):  
Separation Of Powers ◽  
Public Policies ◽  
Class Action ◽  
Fundamental Rights ◽  
Great Effort ◽  
The Public ◽  
Autistic People ◽  
Individual Actions ◽  
Jurisdictional Control ◽  
The Individual

The fruition of fundamental rights like healthcare, education, worthy housing and work is directly related to the creation and implantation of universal and egalitarian public policies by the Congress and the Public Administration. In the cases where the existing public policies are shown to be insufficient, inadequate or do not achieve the fundamental goals of the Federative Republic of Brazil, it arises the need of the action of the jurisdictional function to control the constitutionality over these public policies. In Brazil, this control is made both by direct way, by means of its own constitutional actions, and by diffuse way, by means of collective actions interposed in first instances courts. In this context, the enforcement of the liberal theories like Montesquieu’s Separation of Powers and the Intangibility of the Discretionary Activities reveal themselves incoherent with the Democratic Rule-of-the-Law State. In another way, the jurisdictional action is limited by the Reasonableness, by the Possible Reserve and by the Existential Minimum, and can also find some obstacles in the individual actions that end up influencing the public policies. Therefore, there is a great effort to colectivizing individual actions by Brazilian schoolars. Another problem is the difficulty of Judical Power in using the adequate procedural class action. It will be analyzed one specific decisions made by the Court of Justice of the State of São Paulo about the jurisdictional control of public policies related to the autistic people, with a goal to point out a direction to the improvement of the jurisdictional tutelage in terms of effectiveness and adequacy.

JUDICIÁRIO E POLÍTICAS PÚBLICAS: ANÁLISE SOBRE A SEPARAÇÃO DOS PODERES NO ESTADO SOCIAL E A EFETIVAÇÃO DOS DIREITOS FUNDAMENTAIS AOS PRESOSJUDICIARY AND PUBLIC POLICIES: ANALYSIS OF THE SEPARATION OF POWERS IN THE WELFARE STATE AND THE PRISONERS FUNDAMENTAL RIGHTS' REALIZATION

2016 ◽  
Vol 7 (13) ◽  
Author(s):  
Gianpaolo Poggio Smanio (Universidade Mackenzie) ◽  
Orly Kibrit (Universidade Mackenzie)
Keyword(s):  
Welfare State ◽  
Separation Of Powers ◽  
Public Policies ◽  
Fundamental Rights ◽  
The Welfare State

O presente artigo trata da necessidade de efetivação da cidadania no Estado Social. Aborda a necessidade de formulação de políticas públicas com esse objetivo, demonstrando a superação do modelo de Estado Liberal. A partir dessa ideia, mostra que a formulação e execução de políticas públicas competem, de acordo com a teoria clássica da separação de poderes, aos Poderes Legislativo e Executivo. Todavia, no Estado Social, em que os direitos fundamentais são constitucionalmente assegurados, ao Poder Judiciário é permitido interferir nessas funções, diante de omissão dos demais Poderes, a fim de fazer valer tais direitos. Pela análise de recente julgado proferido pelo Supremo Tribunal Federal, pretende demonstrar que tal possibilidade é assegurada em nosso ordenamento jurídico, sendo plenamente válida a atuação do Poder Judiciário para fazer valer os direitos fundamentais diante da omissão dos outros poderes estatais.

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2015 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

scholarly journals COLLECTIVE OBLIGATIONS, GROUP PLANS AND INDIVIDUAL ACTIONS

2016 ◽  
Vol 33 (2) ◽  
pp. 187-214 ◽  
Author(s):  
Allard Tamminga ◽  
Hein Duijf
Keyword(s):  
Group Action ◽  
Joint Action ◽  
Strong Sense ◽  
The Public ◽  
Group Design ◽  
Group Members ◽  
Individual Actions ◽  
The Individual

Abstract:If group members aim to fulfil a collective obligation, they must act in such a way that the composition of their individual actions amounts to a group action that fulfils the collective obligation. We study a strong sense of joint action in which the members of a group design and then publicly adopt a group plan that coordinates the individual actions of the group members. We characterize the conditions under which a group plan successfully coordinates the group members’ individual actions, and study how the public adoption of a plan changes the context in which individual agents make a decision about what to do.

scholarly journals Are Individual Inventors Invisible?

2021 ◽  
Vol 72 (6) ◽  
pp. 840-868
Author(s):  
Violeta Šugar ◽  
Alen Belullo ◽  
Emin Džanić
Keyword(s):  
Public Policies ◽  
Practical Experience ◽  
Descriptive Statistics ◽  
Inferential Statistics ◽  
Online Questionnaire ◽  
Theoretical Contribution ◽  
The Public ◽  
Telephone Interviews ◽  
Institutional Data ◽  
The Individual

The research about the population of individual inventors/innovators in Croatia was carried out with the aim of finding answers to the following questions: 1. How many inventions/patents in Croatia are (not) commercialized; 2. What are the reasons of (un)successful commercialization of Croatian individual inventors' inventions/patents; 3. Is there any correlation between various forms of support for inventors / patent owners and successful commercialization; 4. Could education/training contribute to the successful commercialization of inventions/patents? The research was designed and carried out on individual inventors/innovators in Croatia via combination of online questionnaire and telephone interviews. The acquired data were analysed by descriptive statistics and nonparametric inferential statistics. Based on the results of the research, the literature and practical experience, a typology of individual inventors / innovators has been created. The research limitations relate to the lack of the institutional data and literature regarding the individual inventors. In addition to practical contribution of the findings regarding the public policies, there is also a theoretical contribution to existing literature.

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2018 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

scholarly journals POSSÍVEIS CONTRIBUIÇÕES DE CHARLES TAYLOR PARA O ORÇAMENTO PÚBLICO: desafios para as políticas públicas

2014 ◽  
Vol 18 (1) ◽  
pp. 155
Author(s):  
Luciana Costa Poli ◽  
Bruno Ferraz Hazan
Keyword(s):  
Public Space ◽  
Public Policies ◽  
Charles Taylor ◽  
Social Forces ◽  
Public Budget ◽  
Political Struggle ◽  
Budget Planning ◽  
The Public ◽  
New Meanings ◽  
The Individual

O estudo aborda o orçamento público como instrumento que evidencia uma série de escolhas pautadas por políticas públicas, revelando que sua elaboração deveria ao menos espelhar um espac¸o de luta poli ´tica, a propiciar que asdivergentes forc¸as sociais se movimentem para buscar concretizar seus interesses. O artigo menciona, ainda, a experiência portuguesa da desorçamentação como processo de descentralizac¸a~o administrativa e os estudos de Charles Taylor sobre a desejada estruturac¸a~o de novos significados para as aço~es humanas que possam trafegar entre as questões individuais e o espac¸o pu´blico em busca de um processo de reconhecimento. Propõe construir um modelo democrático de planejamento orçamentário associado a ` uma visão capaz de propiciar a participação de todos os destinatários de forma a se perseguir uma e´tica que permita aos indivi ´duos recuperar aquilo que lhes confere a possibilidade de projetar existencialmente formas significativas de vida e de engajamento na sociedade.Palavras-chave: Orçamento público; políticas públicas; reconhecimentoPOSSIBLE CONTRIBUTIONS OF CHARLES TAYLOR FOR PUBLIC BUDGET: challenges to public policies Abstract: The study addresses the public budget as an instrument that evidences a series of choices guided by publicpolicies, revealing that its development should at least mirror an arena of political struggle, to provide that the divergent social forces move to achieve their interests. The article also mentions the Portuguese experience of off-budget as an administrative decentralization process and the studies of Charles Taylor concerning the desired structuring of new meanings for human actions that can travel between the individual issues and public space in search of a recognitionprocess. It is proposed to build a democratic model of budget planning associated with a vision to provide the participation ofall recipients in order to pursue an ethic that allows individuals to recover what gives them the possibility of designing existentially meaningful ways of life and engagement in society.Keywords: Public budget, public policies, recognition.

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2018 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

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