A atuação do Supremo Tribunal Federal e a judicialização do cotidiano: entre eficiência e revisão da resposta

Abstract

This paper analyzes the legalization of everyday life, with regard to examinations of topics related to different areas of law. With a critical analysis of the effectiveness of the law and the applicability of the standard by the Supreme Court. All this, in an environment of crisis, is the conceptual crisis, the crisis of representation and policy, structural crisis, with the emergence of new global risks and functional crisis, and as such factual situations - provided legal movements of effective citizenship and search for "guardian of democratic promises." In this context, the issue of implementation and effectiveness of social rights arises, stirring up this responsibility to the executive branch as a guarantor of public policies. What will show the importance of the Supreme Court in the development of the institutional history of Brazil, with its application of interpretative model of delivering social-fundamental rights. To determine the scope of the powers of the Supreme Court, as the greatest interpreter of the Constitution and laws, with the goal of understanding how the "judicialization of the daily" stresses the role of the Supreme Court, from a (re) signification access to justice, due to the presence of Social and Democratic State of Law as public enforcement of collective values model, by means of collective action in achieving social and fundamental rights. Thus, we present an analysis of contemporary aspects of the constitutional process, judicial decision, under the twofold aspect as "say / do" with effectiveness, to (re) build the constitutional process under the liberal and neoliberal perspective, in the context of the need effectiveness of fundamental rights, since, on account of this growing legalization proliferate effectiveness of a speech understood as efficiency and thus gave prevalence to a justice of numbers, unconcerned with the quality (with the material aspect) of judgments. And in the end, the paper will analyze the effectiveness of fundamental rights by a decision theory, ie, a substantive control of the court decision, so using the principle of non-retrogression parameter as guarantor of legal security and stability of social relations, in an environment of the legalization of everyday life.