PUBLIC POLICY AND THE JUDICIARY: THE NEED FOR IMPROVEMENT OF THE BRAZILIAN PROCESS SYSTEM OF COLLECTIVE ACTIONS ADDRESSED TO THE JURISDICTIONAL CONTROL OF PUBLIC POLICIES

Abstract

The purpose of this article is to present a critical-propositional analysis of the collective actions system addressed at judicial control over public policies, especially based on the limitations found in the current model, which makes it insufficient to deal with the current complex reality. This reality, by the way, is characterized by the expansion of society's demands for access to fundamental rights and the consequent increase in the number of disputes brought before the judiciary to guarantee the realization of those rights. The proposed analysis will be based essentially on a study of procedural law, with due dialogue with other fields of knowledge, such as human rights, constitutional law, administrative law, political science, law sociology, in order to point out possible ways to overcoming the limits.

Keywords

• public policy
• jurisdictional control
• collective actions system
• reform of the system
• access to justice