The juditialization of public policies:

reasonableness and proportionality as parameters of legal control

Authors

  • Gabriel Bittencourt FEMPERJ

DOI:

https://doi.org/10.11606/issn.2319-0558.v6i2p163-181

Keywords:

public policy, reasonableness, proportionality, fundamental rights

Abstract

This paper sought to analyze the possibility of judicial control of public policies, as well as the means that could be used by magistrates to verify constitutional noncompliance in this case. The use of proportionality and reasonableness as a means of analyzing the violation of these rights was used as a preliminary hypothesis and, likewise, how measures could be taken to remedy the violation. It is concluded that, although there are grounds for such control, it should occur at the lowest possible intensity.

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Published

2019-08-02

Issue

Section

ARTIGOS CIENTÍFICOS

How to Cite

The juditialization of public policies:: reasonableness and proportionality as parameters of legal control. (2019). Revista Digital De Direito Administrativo, 6(2), 163-181. https://doi.org/10.11606/issn.2319-0558.v6i2p163-181