Facing the crisis that affects Brazil and Portugal, we briefly discuss the importance and growth of judicial activism to ensure social rights which are constitutionally guaranteed. We discussed about the differences between social benefits and social assistance on both countries and how judicial activism is most required in one country than the other. Nevertheless, we emphasize the importance of the interference of the Judiciary to protect and ensure the effectiveness of the Principle of Dignity of the Human Person and if there is a breach in the separation of powers with the growth of the Judiciary in terms of protection of social rights.
|Date of Award||28 Jul 2020|
- Universidade Católica Portuguesa
|Supervisor||Benedita Menezes Queiroz (Supervisor)|
- Judicial activism
- Social rights
- Dignity of human person
- Social assistance