public policies; brazilian prison system; public security; democratic rule of law / O estado democrático de direito e a judicialização das políticas públicas na área da segurança com enfoque no sistema prisional

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This dissertation addresses the possibility of intervention of the Judiciary Power in the implementation of public security policies relating to the Brazilian prison system. The Democratic Rule of Law is founded on the Constitution which, in addition to expressing the organization of the State, also lists rights and duties, concretely specifying public policies. Thus, judicial control of these policies is founded on the principle of supremacy of the Constitution, in a systematic analysis, together with the principles of reserve of the possible and existential minimum. The view of Ronald Dworkin is highlighted in respect to judicial activity, and public policies and their control, with a particular focus on Law and Justice. Precepts regarding the juridical structure necessary to achieve the foundations drawn up in Article 1 of the 1988 Constitution of the Federative Republic of Brazil. It questions the citizens trust in the State, in its modus operandi, suggesting correction of distortions in the current model. It defends the need to fulfill citizens desires for the State, as well as presenting alternatives for problems involving these policies, discussing the role of institutions and directives in decision-making and the formulation of public policies. The first chapter presents a study of the evolution of the State and the separation of Powers, addressing the relationship between society and the State; origin and concept of the State. It presents the Rule of Law: liberal, social and democratic; the Constitution and the fundamental principles; concept and history of the Brazilian Constitutions, and finally, it focuses on the fundamental principles of the 1988 Constitution. The explanations show the importance of the debate surrounding the possibility of intervention of the Judiciary Power in making public security policies concrete and effective, principally with regard to the Brazilian prison system, for the actual reality is quite different from what was intended by the Constitution and by the infraconstitutional laws. The second chapter deals with public policy, its concept, and Ronald Dworkins view of this aspect; as well as considerations regarding the competencies for planning and attainment of these public policies. The third and final chapter deals with judicial control of public security policies; proceduralist and substantialist theories; limitations of judicial control; the existential minimum in contraposition to the just reserve of the possible, and the latter as origin and as an open clause. The topic concludes by studying the judicial control of public security policy and the Brazilian prison system, and outsourcing of the services of Brazilian penitentiaries; the lack of room for more prisoners and the concept of prison privatization; and total privatization and the reality of privatization of the Brazilian penitentiaries. Finally, the basic hypothesis of the study was once more taken up. The objective of this study was to address the possibility of intervention of the Judiciary Power in matters regarding the enforcement and fulfillment of public policies by the Executive and Legislative Powers, whose activity, in addition to being limited by law in a substantial way (validity and effectiveness), must be take into account constitutional principles in their execution, concluding that the intervention of the Judiciary is not only possible, but necessary, to assure the effectiveness of the Constitution and guarantee the observance of the fundamental rights and individual guarantees of citizens

ASSUNTO(S)

sistema prisional brasileiro políticas públicas direito segurança pública estado democrático de direito

ACESSO AO ARTIGO

Documentos Relacionados