Ativismo judicial e a efetivação do direito fundamental à proteção integral no Estatuto da Criança e do Adolescente

Abstract

The question regards the enforcement of fundamental social leaps out of the modern lawyer as one of the most important to the perfect realization of the social and democratic state of law. If before social rights emerged as a way to ease an alleged tension between classes, even if he is now the characteristic basic and fundamental to the maintenance of minimum conditions ofhuman existence, especially regarding the question of dignity. However, the FundamentalSocial Rights are great difficulties in its execution. In this sense, this paper will discuss the possibility of judicial power in the application of the Fundamental Social Rights of Integral Protection of Children and Adolescents in cases of retraction of the Legislative and / orExecutive. It will address also the problems concerning the legitimacy of this action and the limits in relation to the reserve as possible and the minimum existence. The question is how theeffectiveness of the Fundamental Social Rights can be achieved. What is the role of the judiciary at this point? What is the importance of popular participation in that sense? What are the consequences and criticism that comes from this action? In short, we intend to identify and/or encourage democratic participation of civil society in relation to decisions that deal with the implementation of these meta-individual rights.