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2013

Constitutional Law

Vanice L. Valle

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Judicialization Of Socio-Economic Rights In Brazil: The Subversion Of An Egalitarian Discourse, Vanice L. Valle Feb 2013

Judicialization Of Socio-Economic Rights In Brazil: The Subversion Of An Egalitarian Discourse, Vanice L. Valle

Vanice L. Valle

This article describes the historical origins of the Brazilian constitutional frame of socio-economic rights, and the political context that lead to their enforcement through the Judiciary. Based in a particular constitutional text that asserts socioeconomic rights’ immediate enforceability, the present theoretical comprehension is that they establish the State’s obligation to provide goods and services. The consequence is an intense judicialization of rights such as health, education and housing, which results in a wide exercise of judicial activism in controlling public policies – with the Judiciary renouncing to the objective rational criteria consubstantiated in the law, and to an approach that …