Political judicialization, existential minimum and dignity of the human person

Abstract

The article deals with judicial control of omissions of public authorities, a relevant issue in the problem of civil liability of the State. The interference of the Judiciary in public policies corresponds to the terms judicialization of politics, politicization of the judiciary, or judicial activism, designations attributed to this phenomenon, in Brazil, since the 1990s. The intervention of the Judiciary demands to know to what extent the omission of the State is undue, emphasizing the two ways of looking at the question, namely, substantialism and relativism. It also discusses the principles of existential minimum and the limitations of the possible, and analyzes the Brazilian judicial practice, reaching the conclusion that the theoretical model of utopia has been adopted. It is pointed out that this paradigm, together with the paradigm of microjustice, must be replaced by the paradigms of the theory of the costs of rights and of macrojustice, with emphasis on the principle of trust.