Judicial activity as a promoter of fundamental social rights in an approach from the theory of the costs of rights

Abstract

This article presents the theme related to Judicial Activism as a promoter of Fundamental Social Rights in an approach based on the Theory of the Costs of Rights. Judicial Activism is considered a legal phenomenon where there is a proactive action of the Judiciary, in an alternative attitude in the political actions of the other Powers, when they are negligent, negligent and/or inefficient. Careful considerations were raised about the issue related to the binomial, Fundamental Social Rights and Costs of Rights, and with that, the objective was to understand Judicial Activism and its effects on the Costs of Rights in the promotion of Justice. In addition, questions were raised that deal with the imperative value of Fundamental Social Rights in judicial decisions, as they have a principled nature and binding force. It was analyzed the duty of the State in relation to the protection and execution of the Fundamental Social Rights when these are valued as constitutional principles of protection of the dignity of the human person. The work is based on bibliographic research and legal articles related to the highlighted theme, using the deductive method, starting from the analysis of generic questions about the jurisdictional action, with regard to Fundamental Social Rights. Finally, it was possible to affirm that Judicial Activism can be considered a positive instrument in the realization of Fundamental Social Rights, a justified and legitimate attitude of the Judiciary for the promotion of human dignity, well-being and social justice.