Políticas públicas enquanto mecanismo de concretização de direitos sociais

Abstract

Social rights represent an attempt by the Brazilian constituent of 1988 to guide the country towards achieving economic development and reducing social inequalities. The discussion about the effectiveness of these rights is at the center of the legal debate, which is why the theme chosen for this work is: public policies as a mechanism for realizing social rights. Thus, the research objectives are to present the bases of Brazilian neoconstitutionalism and the constitutionalization of public policies; study the constitutionalist doctrine on social rights; and understand public policies as a mechanism for realizing social rights. Therefore, the deductive method of scientific approach was chosen, with a dogmatic approach to law, based on an exploratory, bibliographical, documental and qualitative research. In conclusion, it is inferred that, given the constitutionalization of law and the supremacy of the Constitution, as well as the implementation of democratic, liberal and social values, it is possible to note that the materialization of rights in life in society, through the law itself, ends up bumping into the limit of how much the law can provide. In this context, it is understood that the provisional nature of social rights does not deprive them of their full and immediate effectiveness, which is why the constitutional text, directly or indirectly, guarantees society the right to demand compliance, either administratively or judicially. In this way, public policies find their raison in the materialization of social rights, through a state action plan and a positive action by the state which, in turn, requires means and resources to be effective. As for the required resources, the Constitution itself not only establishes the rights to be guaranteed, but also establishes rules for directing resources with a view to making social policies viable. In addition, in order to define a legal concept of public policies, the present work embraces the idea that public policies are government action programs aimed at coordinating the means available to the State and private activities, in order to achieve socially relevant objectives and politically determined, which have their own elements and methodology for their analysis, implementation and evaluation. Finally, the limits to the requirement of social rights and their respective policies in the Judiciary were analyzed, whose conclusion points to the fact that all constituted powers have attributions and important roles, defined constitutionally and in the cycle of public policies, able to be respected and improved.