Ativismo judicial e materialização das políticas públicas infanto-juvenis na constituição da república: Fixação de planos ideais de atuação para os atores do Sistema de Garantia de Direitos (SGD)

摘要

The research arose from the necessity of showing ways to be followed by the actors of theSystem Guaranteeing Rights of the Child and Adolescent (SGD), regarding theimplementation of rights for young people, because the legislation in force in Brazil iscurrently considered a model around the world and, paradoxically, the fundamental rights ofchildren and adolescents are not met, even with the constitutionally guaranteed priority. Thus,the study investigates the fundamentality rights for young people, enshrined in theConstitution of the Republic, as well as the ways of effectiveness of these rights through theactions of actors of the System Guaranteeing Rights, especially the judiciary. Focusingrealized, studying theories of fundamental rights, especially Structuring a Theory of Law(Strukturiende Rechtslehre), Friedrich Müller, who emphasizes the need for analysis of socialreality in the application of the rule of law. Study also the public budget and public policiesconcerning children and adolescents, with emphasis on preparation of budget laws and theprocess of discussion, deliberation, choice and implementation of public policies for childrenand teenagers. It then presents the typical functions of the members of System GuaranteeingRights, as well as prepare a plan for optimum performance for each of the actors, withemphasis on analysis of the implementation of public policies at the municipal level. Finally,it analyzes the theory of separation of three powers, and discusses the positive and negativefactors for judicial intervention, concluding that the Courts can consider the action activist,from finding the omission of the Executive and legislative branches, as regards theimplementation of the rights of children and adolescents, as well as the rights of children andyoung people are not realized in most cases, due to the omission of actors of the SystemGuaranteeing Rights