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- Title
ASPECTOS ORÇAMENTÁRIOS DAS POLÍTICAS PÚBLICAS E CUSTOS DOS DIREITOS: UMA ANÁLISE DO PAPEL DO JUDICIÁRIO NA CONSECUÇÃO DOS DIREITOS FUNDAMENTAIS.
- Authors
DE OLIVEIRA, FERNANDA LOURES; DE BARROS CORREIA NETO, CELSO
- Abstract
Through the analysis of the stages of the working up of public policies, which consist of complex processes, whose ideal moment of debate is the moment of drawing up the budget, it is intended at highlighting the necessary connection that exist between the implementation of the fundamental rights and the discussion of budget laws. For this reason, considering that the Brazilian Constitution of 1988 established, implicitly or explicitly, a wide range of fundamental rights that claim application, and that it is impossible the application of all rights in an absolute way, considering the scarcity of public resources, it is shown the need of planning and global analysis towards the greatest possible application of rights, with protagonism of Executive and Legislative Branches. In this context, the role of the Judicial Branch should be restricted to guaranteeing the minority rights excluded by occasional majorities and guaranteeing the access to the supposed beneficiaries of the public policies developed.
- Publication
Revista Jurídica (0103-3506), 2016, Vol 4, Issue 45, p477
- ISSN
0103-3506
- Publication type
Article
- DOI
10.6084/m9.figshare.4667770