Legitimidad judicial en la garantía de los derechos socialesespecial referencia a la ejecución penal en el estado del Maranhão

Abstract

The work presented as a doctoral thesis is proposed as a starting point , an examination of the foundations of social and democratic state of law and the adoption of constitutional and historical principles, as a source of law. They are principles that legitimize the judiciary as one of the sovereign bodies of the State, to ensure the constitutionally enforceable social rights, including in prisons. The research covers three aspects : 1. The historical development of the welfare state to support the rights of equality and freedom ; 2 . The current doctrinal guarantee of social rights in the formation of state tutelage à subjective right , and 3 . The criminal enforcement in Brazil and the proposal for the effectuation of a spontaneous resocialization , based on the guarantee of fundamental social rights. Resocialization , or in other words , the provision of social rights in prisons , is a key issue in the field of criminal policy , criminal Dogmatic and criminology itself. When coupled to the status of constitutional rule and Brasil España - its effectiveness has been impaired by a significant part of society you want the deprivation as general prevention, restorative and punitive nature of the event is the autor.794 notorious, well , there was a shift in many countries, also in Brazil, the official discourse on prison positive special prevention ( resocialization ) to negative special prevention (neutralization , disability ) . This position has direct influence on the formulation of public budgets , resulting in blocking of funds needed to adequately meet the demands of the prison system , especially the fight against overpopulation and care of basic social services.