Legalization of public policies: an analysis of the intervention of the judiciary in the making, implementation and execution of public policies in the light of the STF and the STJ

Abstract

The state is the political-legal and administrative organization of particular people, whose mission is to employ efforts in meeting the needs and interests of the community. The Judiciary intervenes together with the other Powers in order to compel them the implementation of public policies. Facing the jurisprudence adopted by the STF and STJ, we seek check what are the principles and values that legitimize such interference, over the political and functional separation of the Powers constituted of the Republic. Therefore, we conducted a qualitative research on internal documents of these two courts, analyzing court decisions about court intervention in the execution of public policies, selecting nine. We identified, at the end, that the judicial actions shows an important exception to the system independence and harmony of the state powers, but necessary when it is not guaranteed to citizens to guarantee of the minimum necessary for a decent life.