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 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.

Towards a whole-economy approach to the welfare state: citizens, corporations and the state within the broad welfare mix

2019 ◽  
pp. 71-100 ◽  
Author(s):  
Kevin Farnsworth
Keyword(s):  
Social Policy ◽  
Welfare State ◽  
Public Policies ◽  
The State ◽  
Mixed Economy ◽  
Welfare Mix ◽  
Corporate Welfare ◽  
Policy Objectives ◽  
The Welfare State

This chapter argues for a broadening of social policy focus, beyond the mixed economy approach (which incorporates social, private, informal/familial, voluntary, fiscal and occupational welfare) towards a whole economy approach that ‘brings in’ corporate welfare and a broader focus on taxation, public policies that overlap with social policy objectives, power and the economy.

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.

Demokratischer Konstitutionalismus

2021 ◽  
Keyword(s):  
Welfare State ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
The Other ◽  
Liberal State ◽  
The Rule Of Law ◽  
The One ◽  
Party State ◽  
The Welfare State

For Dieter Grimm, the constitution that emerged from the bourgeois revolutions of the 18th and 19th centuries appears as one of the greatest achievements of our time. Originally geared to the liberal state, it now faces challenges from within and without. The party state and the welfare state on the one hand, and Europeanisation and globalisation on the other, are escaping its grip. The question is therefore whether and how the specific conjunction of democracy and the rule of law, including fundamental rights, can be maintained under the changing conditions. With contributions by Wolfgang Hoffmann-Riem, Anna-Bettina Kaiser, Christine Landfried, Christoph Möllers, Ulrich K. Preuß, Dominik Rennert, Helge Rossen-Stadtfeld, Lars Viellechner, Uwe Volkmann, Hans Vorländer and Rainer Wahl.

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 DECENTRALIZATION: AN INITIAL STUDY ON GOVERNANCE REFORMS TOWARDS THE WELFARE STATE

2015 ◽  
Vol 10 (2) ◽  
pp. 115
Author(s):  
Budhy Prianto
Keyword(s):  
Welfare State ◽  
School Dropout ◽  
Dropout Rate ◽  
Initial Study ◽  
Fundamental Rights ◽  
Poor People ◽  
State Reform ◽  
State Governance ◽  
Governance Reforms ◽  
The Welfare State

<p align="center"><strong> </strong></p><p>Based on the constitution Indonesia is a state that adheres to the model welfare state. But in practice, the governance of the welfare state in Indonesia is merely a dream. This when seen from the facts of the neglect of issues of fundamental rights of citizens, such as the high number of poor people, the number of maternal and child mortality, school dropout rate, and so on. Centralization is a major obstacle of weak governance in realizing this welfare state. Therefore this article attempts to offer a thought for the reform of the welfare state governance through decentralization.<br /> Keywords: decentralization; governance; state; reform; welfare state</p>

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.

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