THE IMPORTANCE OF JUDICIAL CONTROL OF PUBLIC POLICIES FOR THE REALIZATION OF FUNDAMENTAL SOCIAL RIGHTS

Abstract

This article sought to discuss, based on the perspective of a governing Constitution with the expansion of social rights, how the Courts have frequently resorted to the notion of existential minimum, whose origin dates back to the Federal Constitutional Court of Germany, in the domain of fundamental rights. Furthermore, the aim was to verify the extent to which public policies can implement the social rights recognized in the Federal Constitution and, given the absence or insufficiency in the implementation of a public policy, what are the limits of judicial control.