JUDICIARY AND FUNDAMENTAL SOCIAL RIGHTS: THE LIMIT OF RESERVATION OF FINANCIALLY POSSIBLE

<p>Social rights have been historically relegated in capitalist societies of late development, such as Brazil to a separate category of rights - categorized as program standards. However, the development of constitutional doctrine has sought to demonstrate the fundamentality of this kind of law beyond the limits supposedly intrinsic to its realization by the spheres of government. Therefore, it is to be overcome and the classic rigid separation of powers, as well as the theory of existential minimum reserve and financially possible. For this it is necessary to admit the jurisdictional control of public policies that should actualize or actualize the prestacionais social rights.</p> <p>