Reflections on Judicial Control of Public Policy Planning in Brazil: : Essays on How to Advance This Important Debate

Abstract

Background: Judicial oversight of public policy planning is a controversial issue within the Judiciary, and this article demonstrates some parameters for the legitimate performance of this branch, ensuring that the division of powers within the State is not encroached upon. Objective: To analyze the hypotheses in which judicial oversight of public policy planning is justified, identifying the theoretical barriers to this possibility, the constitutional and jurisprudential foundations authorizing judicial intervention, and the criteria that can guide oversight of budgetary and structural aspects of public planning. Method: This study uses the deductive method, through a quantitative and qualitative approach. as for the procedure, it is a bibliographical research, through the review of studies and scientific articles carried out on the subject - and jurisprudential, based on the Leading case published in the Action for Non-Compliance with Fundamental Precept 45. Results: Judicial control of public policy planning does not violate the separation of powers, as long as it is exercised within the legal limits imposed by the Constitution itself, acting as a mechanism to protect against arbitrariness, omissions or deviations that compromise the implementation of fundamental rights.