A segurança pública integrada ao mínimo existencial no direito brasileiro enquanto medida necessária para sua efetivação pelo Poder Judiciário.

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

14/03/2011

RESUMO

This dissertation has as main objective the analysis of public security as a fundamental right which should be part of the list of rights that make up the theory minimum existential, while necessary to effect this right in light of the decisions of the judiciary. The work involves conjugated to main themes as the indispensable matter and social context of public insecurity in Brazil, in order to portray some of the major obstacles to achieving this fundamental right, pointing the problems of current public security policies. This social picture begins with a recent historic of public security policies implemented in Brazil, highlighting its fragmentary nature, as well as the problematic for evaluation of your data and results. It was examined whether the significance of the democratization of higher education in public security as a measure to qualify professionals to contain crime and violence, without making sure to point out approximations and distinctions between these expressions often used mistakenly as synonymous. Investigated the causes and importance of popular participation in combating public insecurity. Also portrayed the role which private initiative has played in Brazilian security, replacing a certain extent this exclusive public function. In the meantime, studied the theoretical adopted at work, i.e. the theory of existential minimum along with theory of fundamental rights, indicating its emergence, concept and main features to indicate existing contact points between the rights to health, education and social assistance with public safety. Subsequently, were analysed theories of authors of outstanding contribution to formatting the concept of State, only possible when secured inside its geographical limits. Crucial also determine the concept of public security constitutionally appropriate highlighting his character of public right subjective diffuse, as well as the need to recognize this standard in the constitutional principle of public security, matter little explored by lawyers generally, but that is highlighted in peoples expectations. Such expectation is precisely because it is a right with umbrella perspective, i.e. is a right-means for pursuing other fundamental rights. It became imperative yet, questioning the current treatment courts give to the theme in order to identify advances and paradigms breaks to ensure the effectiveness of this right. Finally, considering the most current positioning, case concludes the work listing the reasons for the evolution of Brazilian existential minimum rights so that public safety will integrate this concept, to be accommodated with joint treatment, in search of an achievement never achieved after years of neglect and abandonment.

ASSUNTO(S)

efetividade poder judiciário mínimo existencial segurança pública ciências sociais aplicadas minimum existential public security judiciary effectivity

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