Navegando por Assunto "Controle judicial"

Agora exibindo 1 - 2 de 2

Acesso aberto (Open Access)
O controle judicial do orçamento da saúde no Brasil
(Universidade Federal do Pará, 2009-08-28) NOLETO, Maria Clara Barros; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The right to health is a basic right established in the Brazilian Constitution and responsibility of the Public Authorities. However, the implementation of the health policies is often precarious leaving many Brazilians without access to health care. Because of this there is a growing search for the judiciary to solve eventual conflicts. The legal decisions often bring monetary impacts because of the arrest of resources implemented. This dissertation will analyze the reasons associated with this problem. The fundaments of the judges´ decisions are evaluated and it is found that they use a retributive justice perspective which brings a mismatch between the nature of the conflict and the solution given. Further investigation shows the budget as a fundamental point to the comprehension and solution of the problem, and I discuss the finality, the control and the constitutional principles related to this. In the discussion it becomes clear the importance of public expenditure and the respect to what is established in the budgetary law, reinforcing the discussion of the nature of the Brazilian Budget. I analyze the public expenditure control as well as the mechanisms available to the justice to intervene when the public administrator does not follow the law. Finally it is shown that it is possible to implicate even the head of the Executive for the measures adopted by the State which are not in agreement with the Public Budget.
Acesso aberto (Open Access)
O papel do judiciário na efetivação dos direitos sociais
(Universidade Federal do Pará, 2015-08-27) DESSIMONI, Carla Sodré da Mota; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
The role of the judiciary for effective social rights is an issue, the subject of much debate in the legal environment and politically. The hereof theme gains greater relevance due to the growth of the judicial role as guardian of the Constitution and hence of fundamental rights provided in the Constitutional Charter. It is undeniable that tied the effectiveness of social rights is the increase in public spending for the realization of these rights, called rights of provide, guaranteed by the Constitution that require positive state benefits. Against this background, proves important to situate social rights in international law in order to realize that the real dimension of these rights at the global level. We will study the role of the judiciary in attaining social rights, analyzing the factual and legal elements that can be taken into consideration by the judge in its application in this case as the reserve as possible, the existential minimum, the public budget and the theory of the cost of rights. Still it will be considered the question of legitimacy and ability to impose limits on this legal action in the control of public policies created by other powers, the positioning adopted here in the theory of distributive justice and constitutional democracy. Finally, the rationality of judicial decision and the theory of integrity formulated by Dworkin to support the study now developed will be addressed. Will be analyzed further the current decisions of the Supreme Court about the theme.