JUDICIALIZATION OF PUBLIC POLICIES AND THE ADJUSTMENT OF CIVIL PROCEDURAL NORMS TO THE INDIVIDUAL DEMANDS OF SOCIAL SECURITY

Abstract

The present paper aims to reaffirm the bases of dogmatic proposal for the adjustment of institutes and categories of the common process for the individual actions in which the protection of social security rights is sought. It points out the multifaceted nature of the issue of the judicialization of public policies, highlighting the lack of academic attention to the requirements of the fundamental right to adequate judicial protection in the area of social rights. Taking advantage of the inductive method, it articulates two levels of judicialization, having as criterion the object of the judicial jurisdiction. It identifies that the judicialization of public policies, at any of its levels, can also occur through individual actions, disciplined by the common civil process. It demonstrates the inadequacy of some rules of civil procedure for the protection of social security rights, which eludes the fundamental right to adequate judicial performance. From these bases, the article expresses the need for a test of suitability of the procedural norms for its application in social security demands, concluding that the construction of a new conformation of institutes and procedural categories corresponds to a work of dogmatics and also of the judge in a concrete situation.