O controle judicial das politicas públicas em relação ao direito à educação e a teoria da reserva do possível:análise sob a ótica do Supremo Tribunal Federal

Resumo

The right to education as a fundamental right is constitutionally provided in our 1988 Constitution, and immediate applicability. However, for realization of this right, as other fundamental rights, it is necessary the creation and implementation of public policies by the State, while executive and legislative branches, guarantors of these essential rights to the community. However, when the Government is silent on ensuring these rights, relegating citizens to the will of their rulers, there is the question about the possibility of judiciary intervention in public policies aimed at securing these rights, regardless of whether the scarcity of financial resources , argument used by the State to justify its omission. This research seeks to analyze the possibility of the judiciary intervention in the creation and implementation of educational policies, compared to the State's failure and the book can be an obstacle to the realization of the Right to Education, using as analyzed in this Search judgments handed down by the Supreme Court.

Data do prémio	2015
Idioma original	Português
Supervisor	MANUEL TAVARES GOMES (Orientador) & OSCAR CONCEIÇÃO DE SOUSA (Orientador)