The neoconstitutionalism and the normative force of the constitution for the implementation of public policies by the brazilian judiciary

Abstract

This article has the objective of explain the main topics in the constitucionalism and its evolution to a new constitutional model, so it can be possible to better comprehended the role of the judiciary power in the implementation of the public politics. It deals of a very complex and current theme, because usually the implementation of the public politics would tipically be of the legislative and executive powers competence. Many are the contrary thesis against the interaction of the judiciary over the implementation of these politics, mainly the offense of the separation of the powers and the excessive judicialization. Although, will be shown that the neoconstitucionalism has strengthened the power of the judiciary so it can have the concrete applying of the Constitution, in a way to fulfill the problems left by the negligence of the other powers, notedly the Executive Power. Beside that, will be aproached concrete cases that the Supreme Court has interfered to implement public politics that has aimed to ensure the minimum existential.