A legitimidade das decisões judiciais que estabelecem obrigações ao poder executivo no Brasil: exame de decisões exaradas em autos maranhenses

Abstract

This monograph focuses on the phenomenon of Judicialization, especially in the context of the Brazilian executive power. Thus, it examines the growing transfer of decision-making power to the Judiciary, which has generated debates about the discretion conferred on public administrators and parliamentarians, a direct consequence of popular representation and the lack of representativeness of judges. The research focuses on the judicialization of the acts of the executive branch, trying to verify the legitimacy of the Judiciary to intervene in significant and substantial political, social and moral issues, as well as in the activities and acts of public administration. The objective was to discover the assumption of validity that legitimizes the imposition of acts on the Executive at the expense of its discretion. The study was based on bibliographic and judicial research, exploring norms, doctrines and judicial decisions. To this end, the specific case of case No. 0801825-64.2023.8.10.0040, a Public Civil Action filed by the Public Ministry of the State of Maranhão, against the municipality of Imperatriz, which resulted in the resolution of obligations to the administration, was studied. In conclusion, the study found the importance of respecting the discretion inherent in the activities of the Executive Branch. Even so, it demonstrated the need to guarantee the realization of rights, highlighting the role of the Judiciary in controlling and guaranteeing effective compliance with the Constitution. The study concluded that it is essential to balance judicial control and administrative discretion to preserve democratic principles and fundamental rights.