Judicialization and social security: Restriction or enforcement of social rights

Authors

DOI:

https://doi.org/10.1590/1982-02592019v22n1p90

Abstract

The article problematizes the social protection system and the judicialization in a context of weak enforcement of social policies. The study is supported by field research and documentary and bibliographical analysis and discusses the setbacks and violations regarding social rights, as well as the dismantling of the social protection system, which leads citizens to judicialize their demands in order to access rights. The article shows that current changes in the regulation and criteria have made access more restrictive and excessively rigorous, which indicates that citizens are, in practice, losing assured rights. Also, the process of judicialization to obtain denied rights is limiting, since institutions and services do not reach the entire population. It is a long term, time-consuming, wasteful, and bureaucratic process that barely meets the speed and resolution required by individuals in a context of social vulnerability.

Author Biographies

Michaele Lemos Peixoto, Prefeitura Municipal de Jaguaretama, Jaguaretama, Ceará

Bachelor's degree in Social Work from Universidade Estadual do Ceará (UECE). Social Worker at the Reference Center for Social Assistance maintained by the municipality of Jaguaretama (PMJ).

Hayeska Costa Barroso, Universidade de Brasília, Brasília, Distrito Federal

Master's degree in Sociology from Universidade Estadual do Ceará (UECE). Professor at the Social Work Course of the Universidade de Brasília (UnB).

Published

2019-04-25