The judicialization of public policies and judicial activism as a way to guarantee individual, social and collective rights

Abstract

This study explores the rising occurrence of the judicialization of public policies and judicial activism as a means of guaranteeing social and collective rights. This paper demonstrates that the inefficiency of the State as an agent for collective wellbeing promotes fundamental and social rights: such as the right to progress, citizenship, food, healthcare, education, and financial means for fighting against poverty. The judiciary system has become the last beacon of hope for people who suffer from the Executive and Legislative Branch’s lack of action. The Judiciary's interference in the division of powers, its legitimacy to act along their lines has given rise to administrative interference. Despite the numerous judicial decisions which interfere in the role of other branches of government, there hasn’t been any significant progress in derailing their inertia. This research utilizes literature review and the hypothetical-deductive method to better discuss this important theme, while also using concrete statistical data to demonstrate the results of this research. In conclusion, the topic of study is absolutely changing the way Brazil views its judiciary and acknowledges that the other branches of government have, in theory, important roles in guaranteeing legal rights even if they don’t fulfill them as they should.